Search Results

1. [2014] NZEmpC 229 Brown Sycamore v New Zealand Basing Limited of Hong Kong [pdf, 306 KB]

   ...(citations omitted). 54 Mazengarb’s Employment Law (online looseleaf ed, LexisNexis) at [ERA238.2]. would be frustrated. That intention is confirmed by the wide language used in the section. A broad interpretation is appropriate. [101] Applying s 238 as construed to the present circumstances, Mr Brown and Mr Sycamore as peripatetic employees based in New Zealand fall within the ambit of the ERA. The choice of law clause, if applied to the present facts, would provide...

2. LCRO 48/2019 VW v EX and TY (3 May 2021) [pdf, 324 KB]

   ...[100] This contrasts with the disciplinary process which is inquisitorial and investigative, and does not sufficiently allow for the testing by cross-examination of evidence as is required for the just resolution of significant civil disputes. [101] Although decisions of Standards Committees, and Review Officers have frequently stated the complaints process is not an alternative to court proceedings, if arising out of an action in negligence brought by a client against a lawyer there...

3. LCRO 197/2017 SM v HW (29 March 2019) [pdf, 293 KB]

   ...and the corresponding right of the solicitor to offer his or her services to the public generally”. Also relevant to the public interest is “mobility within the profession … [a]ccess to specialist services and market competition”.23 [101] Illustrations of a former client’s information held to have been relevant include a lawyer’s knowledge about the “personalities ... weaknesses, fears and reactions” of several members of a family gained by having acted for them ov...

4. [2020] NZEmpC 73 Waste Management NZ Ltd v Jones [pdf, 361 KB]

   ...provide relevant information. With one possible exception, to be discussed shortly, all of the requests for information were adequately and promptly answered by Waste Management by emails on 26 April 2016, 2 May 2016, 8 and 9 June 2016. [101] On 25 April 2016 Mr Thompson emailed the first request for information, making it clear that the meeting Mr Shipley had requested would not take place without the material sought being supplied. The request was for: (a) a copy o...

5. [2020] NZREADT 34 - Hammond v Real Estate Agents Authority (11 August 2020) [pdf, 386 KB]

   ...and that there was no evidence to suggest Ms Tafilipepe knew about it before then. He submitted that if the Tribunal were to make that finding, then it could uphold the Committee’s finding that the complaint was not proved. Discussion [101] We accept that there is no evidence to suggest that Ms Tafilipepe knew of the issue with the taps and did not disclose it to the appellants. The fact that the faulty taps were identified in the Property Check report does not establish that...

6. Cole v Realty Insight Limited [2012] NZWHT Auckland 25 [pdf, 259 KB]

   ...Mr Xiang’s advice breached their direct legal and contractual obligations to the claimants. Mr Xiang, by contrast had no contractual relationship with the claimants and was the real estate agent who in law is the agent for the vendor. [101] In my view, the solicitors’ breach of duty to their clients, the claimants, was a serious one. The advice given was plainly wrong. The obligations of a solicitor to his/her client are generally more onerous than any obligation (e.g....

7. [2014] NZEmpC 157 Howard v Carter Holt Harvey Packing Ltd [pdf, 121 KB]

   ...days; if the amount is unable to be agreed, leave is reserved to either party to apply for further directions. [100] Mr Howard is also entitled to an award of compensation for humiliation, distress and injury to feelings in the sum of $3,000. [101] The application for an order of reinstatement is dismissed. [102] Costs are reserved. I express the preliminary view that Mr Howard should receive a contribution to his costs. This topic should be discussed directly between...

8. Gray v Tulip Holdings Ltd [pdf, 176 KB]

   ...service to its developer client, Melview Ponderosa Limited (Melview). There is no evidence that Melview was dissatisfied with the plans and specifications prepared by Brown Day or that Brown Day otherwise breached its contractual obligations. [101] NZS 3604 1990 (the version of the standard applicable at all material times) provided at clause 2.7 of Section 2 – General, under the heading Building Consent Applications: 2.7.1 Together with every application for a building co...

9. The Treaty of Waitangi Past and Present Resource [pdf, 21 MB]

   The Treaty of Waitangi PAST AND PRESENT A resource for primary schools CONTENTS Section 1 AOTEAROA THE WAY IT WAS Section 2 THE ARRIVAL OF pAKEHA Section 3 THE SIGNING OF THE TREATY OF WAITANGI Section 4 WHAT HAPPENED AFTER THE TREATY WAS SIGNED? Section 5 WHAT THE TREATY MEANS TODAY GLOSSARY ,I THE TREATY OF WAITANGI PAST & PRESENT A RESOURCE FOR PRIMARY SCHOOLS Members of the Waitangi Tribunal at a hearing - Josie Anderson, Bishop Manuhuia Bennett (Tr

10. OIA-94638.pdf [pdf, 7 MB]

    ...from murder to (respectively) manslaughter or infanticide. 9. I am recommending the repeal of both partial defences, for the reasons given below. Partial defences generally 10. Partial defences are legally anomalous for the following reasons: 10.1. A whole range of factors may reduce a defendant's culpability in homicide cases. It is neither practical nor possible to devise partial defences to recognise every worthy mitigating circumstance. 10.2. Singling out only a few partial...