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1. LCRO 76/2024 QM v BY (13 December 2024) [pdf, 240 KB]

   ...Adding the following words (or similar) after the suggestion to a complainant to contact the Complaints Service, could suffice: “A Standards Committee may require further information from you before it can consider invoices in this category.” [101] In the present case, it is clear that QM was complaining about BY’s fees, yet she did not attach any invoice despite the form recommending complainants to do so. [102] I appreciate that there is a point at which complainants must take re...

2. LCRO 61/2022 YJ v GQ (29 October 2024) [pdf, 218 KB]

   ...for Mr GQ to advise her to take independent advice. [100] I also note that it is common for a parent to appoint a child or children, to be executors of the Estate, while at the same time including that child or children as a beneficiary. [101] Ms YJ also considers that Mr GQ was conflicted when he continued to act on instructions from [Law Firm 2], for the Estate to pursue repayment of the debt. [102] I find it difficult to understand that complaint. Mr GQ had previously acted...

3. [2025] NZEmpC 10  DQJ v The Commissioner of Inland Revenue [pdf, 267 KB]

   ...pose, appear to be heightened in this case, at least partly because the evidence reflects that the plaintiff is suffering from the ongoing and serious effects of family violence 16 GF v Comptroller of the New Zealand Customs Service [2023] NZEmpC 101, [2023] ERNZ 409 at [20]-[34]. 17 Employment Relations Act 2000, s 125. See also (4 December 2018) 735 NZPD 8529. manifesting in some of the behavioural issues identified by the defendant. I accept that reinstatement would...

4. Auckland Standards Committee 3 v Woodroffe [2025] NZLCDT 1 (7 January 2025) [pdf, 258 KB]

   ...to be merely equivocal: he says he wasn’t advised; Mrs Woodroffe says he was. On careful examination, we find that the 11 Bundle, 130. 12 Z v Dental Complaints Assessment Committee [2008] NZSC 55; [2009] 1 NZLR 1, from majority decision at [101]. 7 Standards Committee has satisfied the evidential burden. We set out our reasons in the next few paragraphs. [19] We find that the client, who had already invested more than $35,000 was palpably affected on 8 October 2019...

5. 2025 NZSSAA 01 [pdf, 338 KB]

   ...legislation generally. The reason for that is obvious. In a context such as the present Act, Parliament is dealing with the expectations of the poor and disadvantaged. Small individual sums of money may have very 8 Legislation Act 2019, s 10(1). 9 Beneficiary AP v Chief Executive of Ministry of Social Development [2019] NZHC 2208 at [8]; Brosnahan v Chief Executive of the Ministry of Social Development [2013] NZHC 2618 at [32]; and McKeefry v Accident Compensation Corp [2019] N...

6. Proactive release - COVID-19: Arbitrating Commercial Lease Disputes [pdf, 266 KB]

   ...leases use the Auckland District Law Society (ADLS) 2012 template. Learning from the experience of the Canterbury earthquakes, this template was updated to contain a default “No Access in Emergency” clause (clause 27.5). The clause states that: 10.1 If there is an emergency and the Tenant is unable to gain access to the premises to fully conduct the Tenant’s business from the premises because of reasons of safety, including restriction on occupation of the premises by any competent...

7. Proactive Release - Cabinet Paper for arbitrating commercial lease disputes [pdf, 714 KB]

   ...leases use the Auckland District Law Society (ADLS) 2012 template. Learning from the experience of the Canterbury earthquakes, this template was updated to contain a default “No Access in Emergency” clause (clause 27.5). The clause states that: 10.1 If there is an emergency and the Tenant is unable to gain access to the premises to fully conduct the Tenant’s business from the premises because of reasons of safety, including restriction on occupation of the premises by any competent...

8. [2025] NZEmpC 34  Xu v Pioneer Education and Immigration Services Group Ltd [pdf, 313 KB]

   ...Customs Service:18 17 Richora Group Ltd v Cheng [2018] NZEmpC 113, [2018] ERNZ 337 at [67]; and Waikato District Health Board v Archibald [2017] NZEmpC 132, [2017] ERNZ 791 at [62]. 18 GF v Comptroller, New Zealand Customs Service [2023] NZEmpC 101, [2023] ERNZ 409 at [162]. (a) band 1 – low-range loss: $0–$12,000; (b) band 2 – mid-range loss: $12,000–$50,000; (c) band 3 – high-range loss: $50,000 or more. [78] In support of his claim for increased compensa...

9. [2025] NZIACDT 21 – KA v Wen (5 March 2025) [pdf, 197 KB]

   ...Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 at [93]. 11 Immigration Advisers Licensing Act, s 50. 12 Section 51(1). 13 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] and [151]. 14 At [97], [101]–[102] and [112]. 9 From the client [31] The client has not filed any submissions or evidence. From Immigration NZ [32] The Tribunal has not received any submissions or evidence from Immigration NZ. From the adviser...

10. [2024] NZEmpC 250 High Performance Sport New Zealand Ltd v The Athletes Cooperative Inc [pdf, 289 KB]

    ...interpretation, Mr Scott-Howman has accepted that, in order to initiate bargaining, there needs to be some form of nexus or relationship. He accepts that the first interpretation would enable any union to require any employer to 9 Legislation Act 2019, s 10(1). 10 Commerce Commission v Fonterra Co-operative Group Ltd [2007] NZSC 36, [2007] 3 NZLR 767 at [22]. That case was decided under the Interpretation Act 1999, but the principle remains unchanged. bargain, however...