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1. [2020] NZREADT 12 - Feschiev (4 May 2020) [pdf, 241 KB]

   ...our view, it is not a transgression of the Professional Conduct and Client Care Rules if a licensee expresses personal opinions in this type of context. Our view is that the Committee was correct in finding that this charge was not proved. [101] The remaining aspect of the email of 29 January 2018 concerns the offensive words used in that email. The Committee concluded that in making that statement, Ms Cruickshank engaged in unsatisfactory conduct. There is no appeal against that...

2. MOJ0504-Making-parenting-arrangements-workbook-Samoan.pdf [pdf, 2.7 MB]

   ...91: Weekly plan - Name 92: Weekly plan - Name 93: Weekly plan - Name 94: Weekly plan - Name 95: Weekly plan - Name 96: Weekly plan - Name 97: Weekly plan - Name 98: Weekly plan - Name 99: Weekly plan - Name 100: Weekly plan - Name 101: Weekly plan - Name 102: Weekly plan - Name 103: Weekly plan - Name 104: Weekly plan - Name 105: Text Field 3: Text Field 4: Text Field 5: Text Field 6: Text Field 7: Text Field 8: Text Field 9: Text Field 10: Text Fie...

3. MLC 2018 March Outstanding OCR Applications [pdf, 369 KB]

   ...Application to the Chief Judge A20120015167 45/93 Mohi Wiremu Hotene CJ 2013/4 - Paratene Mita Hotene - and orders dated 1 September 1998 and 28 January 2000 at 90 WHK 405-407 and 92 WHK 250- 251 - Application to the Chief Judge A20130001014 45/93 Lynette Hatton, Jeanette Fifield CJ2013/3 - Mere Porotene – and succession orders made at 6 ADWG 312 dated 12 March 1990 - Application to the Chief Judge A20130001188 45/93 Rena Scott CJ 2013/5 - Wharepouri Paoro also kn...

4. Wickliffe v Pearce - Paengaroa North B4B and K Aggregated (2005) 289 Rotorua MB 236 (289 ROT 236) [pdf, 5.9 MB]

   ...appointed or Fom holding office as a Trustee or as a represenlative of Ihe Trust by reason of lzis employmelll as a servant or officer of the Tn/sf or by his being interested or concerned ill allY COil tract made by the Trustees PROVIDED THAT he shall 1/01 vote or take part ill the discussiol/ 011 any matter that directly or iI/directly affects his remlll/eratioll or the terms of his employmellt as a servallt or officer of the Trllst or that directly or illdirectly affects allY call tract...

5. [2016] NZEmpC 83 Savage v Capital Coast DHB [pdf, 259 KB]

   ...wished to work on particular occasions, and his acceptance of those requests, leads to a conclusion that the nature of the relationship changed. I have already found that on each such occasion Mr Savage had a choice whether to accept or not. [101] This was not a situation where an employee wished to advance his career by moving from casual to permanent status. Rather, converse circumstances gave rise to the employment agreement. Furthermore, once he agreed to be a casual empl...

6. [2014] NZEmpC 60 Walker v Firth Industries [pdf, 185 KB]

   ...(e) By operation of s 183(2) of the Act, the substantive determination of the Authority is set aside and this decision stands in its place. (f) As the costs determination of the Authority 17 followed the event, it is also set aside. Costs [101] Costs are reserved. If they cannot be agreed, memoranda regarding costs in both the Court and the Authority should be provided. Mr Nevell should do so within 20 working days after the date of this decision. Ms Swarbrick is then to have...

7. LCRO 275/2016 KN v YL (4 March 2019) [pdf, 277 KB]

   ...YL when Mr HC was heading the Invercargill firm, remain in place to this day. 19 [100] Mr KN argues that the agreement precisely evidences the arrangements that he says Ms YL and the accountancy firms have followed over a number of years. [101] Whilst it is understandable that Mr KN considers that the SLA bolsters his position, I am not persuaded that the agreement provides the degree of support for his position that Mr KN considers it does. [102] As noted, the agreement was e...

8. Wellington Standards Committee v Logan [2012] NZLCDT 38 [pdf, 210 KB]

   ...misconduct arose from an assessment of the standard of conduct the subject of charges, made by the body hearing the matter, and there was no statutory definition of it,19 as in LCA. 12 Ibid, s 101(6), and this is the only disciplinary provision in LPA that actually proscribes conduct and treats a breach as an offence. 13 Section 241(a) and 7(1)(a) (2) and (3) Lawyers and Conveyancers Act 2006. 14 Ibid, s 241(a) and s 7(1)(b)(...

9. Body Corporate 199883 & Ors (Ridgeview Apartments) v Clarke [2010] NZWHT Auckland 22 [pdf, 216 KB]

   ...the High Court to overturn the veto power of CFA under the Body Corporate rules would have delayed matters. That problem was not the fault of the claimants. [100] The claim of delay is rejected. (ii) Failure to Join Respondents [101] The contention that the claimants were contributory negligent in failing to join North Shore City Council, as the territorial authority, is misguided. [102] In this case, a private certifier, namely Compass Certification Limited, w...

10. [2023] NZIACDT 4 – TC v MacLeod (7 February 2023) [pdf, 210 KB]

    ...Disciplinary Tribunal [2017] NZHC 376 at [93]. 7 Section 50. 8 Section 51(1). 9 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151]. 10 Z v Dental Complaints Assessment Committee, above n 9, at [97], [101]–[102] & [112]. 12 From the Registrar [50] The Tribunal has received from the Registrar the statement of complaint (16 March 2022), with supporting bundle of documents. From the complainant [51] There is a statement o...