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1. INZ (Foley) v De'Ath [2018] NZIACDT 44 (6 November 2018) [pdf, 273 KB]

   ...must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. 7 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [101]–[102] & [112]. 12 [46] The Tribunal has been sent evidence of Mr De’Ath obtaining job descriptions for two officers, Ms X and Ms M. It has been sent evidence of only one formal complaint against an officer for whom a job d...

2. [2022] NZREADT 23 - CAC 1904 v Bright (8 November 2022) [pdf, 278 KB]

   ...seriously negligent real estate agency work”. Work of that nature would also involve a marked and serious departure from particular standards; the 8 Section 110. 9 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [101]–[102], & [112]. 10 Morton-Jones v Real Estate Agents Authority [2016] NZHC 1804. 12 standards to which s 73(b) is directed are those relating to competence and care in conducting real estate agency work. [30] This is...

3. [2022] NZEmpC 76 NZQA v Hickey [pdf, 329 KB]

   ...duration of his employment. In that time NZQA was obliged to deal with a continually deteriorating working relationship. The close management Mr Spencer described did not bear fruit or prevent what happened at the November 2021 workshop. [101] As well as deteriorating, or deteriorated, working relationships, if Mr Hickey was to return to work he would face more than one investigation into the alleged non- disclosure of relevant aspects of his health, about what happened at the wor...

4. LCRO 145/2015 and 148/2015 YK v GS and GS v YK [pdf, 407 KB]

   ...Mr YK was to prepare a final account and provide copies of the account to this Office and to Mr GS. [99] I indicated to Mr YK, that the account should provide a notation, recording the work completed. [100] Mr YK duly forwarded his account. [101] There is an aspect to Mr YK’s account that presents as problematical. [102] Mr YK has consistently advanced argument that his fee arrangement with Mr GS (an arrangement he himself concedes to be unusual) was based on a simple arrangem...

5. Rafiq v Commissioner of Inland Revenue [2012] NZHRRT 12 [pdf, 106 KB]

   ...challenge by Mr Rafiq to the withholding decision. [10] Thereafter, from approximately mid-2010, correspondence from Mr Rafiq became increasingly shrill, abusive and racist. It is not intended to chart each letter. A summary only will suffice: [10.1] In a letter dated 11 May 2010 concerning a third person Mr Rafiq complained of “very poor, disgraceful, unprofessional, low caste and low standard of service” in respect of his dealings with Inland Revenue. He “dismissed” a n...

6. LCRO 57/2021 FC v HS, FM and QP (8 September 2023) [pdf, 224 KB]

   ...being reluctant to permit her to use her own interpreter nor responded to the evidence adduced by the respondents supporting the general proposition that they translated what they were asked to translate when they were asked to translate it. [101] I find that Ms FC’s complaint in this ground is not made out. 17 [102] The last aspect that is capable of standing independently of the fees complaint is the allegation of “unnecessary work”. There are three elements to this asp...

7. LCRO 173/2021 KC v TG (6 May 2022) [pdf, 237 KB]

   ...indicated. [100] This view is reinforced by the consumer protection focus of the Act, predicated on the basis that there is a knowledge imbalance between lawyer and client, which a lawyer has a duty to ameliorate to the fullest extent possible.15 [101] Monthly or event billing by a lawyer to some extent meets that requirement. [102] Indeed, Mr KC acknowledged that in circumstances where he has been the client of a lawyer, event billing by his lawyer has been useful both as to noting...

8. 20240924-Marine-and-Coastal-Area-Takutai-Moana-Customary-Marine-Title-Amendment-Bill.pdf [pdf, 372 KB]

   ...balance between these plural interests the scheme aims to provide a “durable” basis for moving forward, following repeal of the FSA.12 10. The Act provides for three categories of statutory rights that reflect customary interests in the CMCA: 10.1. Participatory rights in conservation practices.13 10.2. Protected customary rights (PCR).14 10.3. Customary marine title (CMT).15 11. PCR and CMT may be recognised either by order of the High Court, or by agreement with the Crown.1...

9. Gwak and Kim TRI-2020-100-006 [2024] NZWHT AUCKLAND 01 [pdf, 237 KB]

   ...product, was nonetheless a well-known and BRANZ approved cladding system and was installed by a suitably qualified and experienced installer. According to both Mr Couper and his expert, Mr de Leur, the two products were “virtually” identical. [101] The authorities referred to by counsel have a similar theme, a private certifier or territorial authority must take “reasonable steps” to ensure compliance with the building code. This can be met by the receipt of a suitable pro...

10. [2024] NZEnvC 246 Noakes v Waikato District Council [pdf, 501 KB]

    ...report on the subdivision rules, which was prepared prior to the release of the new formatting, are split across the decisions for each zone (Decision Reports 14-27: Zones). 11 Decision Report 13: Infrastructure at [99]. 12 Ibid, at [100]-[101]. 13 Waikato District Council decisions on submissions – Submitter: Anna Noakes, Submission number: 524. 5 Original Appeal and Amended Notice of Appeal [9] Noakes lodged an appeal against the decisions version of the PDP regardi...