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1. Singh v Patel [2019] NZIACDT 17 (28 March 2019) [pdf, 142 KB]

   ...maintain hard copy and/or electronic client files, including copies of all written communications and file notes of oral communications. He was also to confirm in writing to clients the details of all material discussions with them. [36] Mr Singh appealed to the Tribunal against the Registrar’s decision not to refer his complaint to the Tribunal. 7 [37] There is an affidavit (sworn 26 May 2015) from a senior investigator in the Authority, filed on behalf of the Registrar. Sh...

2. Arama - Whatitiri 13B2B2 (2013) 69 Taitokerau 158 (69 TTK 158) [pdf, 114 KB]

   ...discretion. Our point is that the assessment under s 288(2)(b) requires the Court to consider the evidence in its entirety. 5 Whaanga v Niania – Anewa Block [2011] Māori Appellate Court MB 428 (2011 APPEAL 428). 69 Taitokerau MB 166 [22] The Court also went on to discuss what amounts to a sufficient degree of support for the purposes of partition (s 288(2)(b)). The Court noted that the Act does not stipulate a particul...

3. [2021] NZEnvC 170 Minister of Conservation v Northland Regional Council [pdf, 399 KB]

   Minister of Conservation v Northland Regional Council (Topic 5 – Water Quality) IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2021] NZEnvC 170 IN THE MATTER OF an appeal under Clause 14 of Schedule 1 of the Resource Management Act 1991 (the Act) and Topic 5 (Water Quality) of the Proposed Northland Regional Plan BETWEEN MINISTER OF CONSERVATION (ENV-2019-AKL-122) AND ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW Z...

4. LCRO 187/2022 JP Limited v YG (6 June 2024) [pdf, 205 KB]

   ...of that type of behaviour were summarised by Sheppard J in Colgate Palmolive Company v Cussons Pty Ltd (1993) 118 ALR 248, which was adopted by Goddard J in Hedley v Kiwi Co-operative Dairies Limited (2002) 16 PRNZ 694 and endorsed by the Court of Appeal in Bradbury v Westpac Banking Corp [2009] 3 NZLR 400. The summary provided by Sheppard J is as follows: 1. The making of allegations of fraud knowing them to be false and the making of irrelevant allegations of fraud; 2. Particular m...

5. Lazarus - Peter Pene Moses (2010) 9 Taitokerau MB 197 (9 TTK 197) - P [pdf, 60 KB]

   ...right of exclusive possession has been given. The only intention of the parties that matters is their intention as to substantive rights, not their intention as to legal classification. In Fatac Ltd v Commissioner of Inland Revenue the Court of Appeal quoted with approval the following statement made by Windeyer J in Radaich v Smith: Whether the transaction creates a lease or a licence depends upon intention, only in the sense that it depends upon the nature of the right which the par...

6. [2009] NZEmpC CC 12/09 Service & Food Workers Union v Sanford Ltd [pdf, 65 KB]

   ...likely to have an adverse effect on their assessment they will be advised of that situation by the Employer in order that they have the opportunity to correct it. 18.14 If an Employee is not satisfied with their grading or assessment they may appeal to the Factory Manager whose decision is final. The Employee may have the right to involve a Union Delegate at this stage. Any disagreement over the interpretation or application of this clause may be subject to the appropriate pr...

7. CAC10006 v Robertson & Hamilton & Kenny [2013] NZREADT 10 [pdf, 63 KB]

   ...any penalty upon Mr Kenny as he could not have been penalised under the 1976 Act as a salesperson and accordingly we impose no penalty on Mr Kenny. 9 [25] In accordance with s 113 of the Act the Tribunal advises the parties of the right to appeal this decision to the High Court pursuant to s 116 of the Act. DATED at WELLINGTON this 24th day of January 2013 ______________________________ Ms K Davenport Chairman ______________________________ Ms J Rob...

8. Regulatory Impact Statement Improving Case Management for Civil Cases in the High Court [pdf, 5.3 MB]

   ...Zealand Law Society will run a seminar for lawyers about any rule changes. 37. If the High Court Rules are amended, consequential amendments will be required to the District Courts Rules 2009, Constituency (Election Petition) Rules 2008, Court of Appeal (List Election Petition) Rules 1998, High Court Fees Regulations 2001, and District Courts Fees Regulations 2009. Monitoring; evaluation and review 38. The Ministry of Justice and the Rules Committee will continue to monitor and evalu...

9. [2009] NZEmpC CC 8/09 Safe Air Ltd v Walker [pdf, 56 KB]

   ...Safe Air’s email policies until he became aware on 9 September 2008 that he was under investigation and acquainted himself with them. [35] In Chief Executive of the Department of Inland Revenue v Buchanan (No 2) [2005] ERNZ 767, the Court of Appeal rejected the proposition that ignorance of significant employment obligations meant that breach of those obligations could not be regarded as serious misconduct. It found that the proper approach is to consider whether, in all the ci...

10. National Standards Committee 2 v Mr Y [2022] NZLCDT 8 (24 February 2022) [pdf, 202 KB]

    ...produced at any hearing: 13 (c) an order prohibiting the publication of the name or any particulars of the affairs of the person charged or any other person. (2) Unless it is reversed or modified in respect of its currency by the High Court on appeal under section 253, an order made under subsection (1) continues in force until such time as may be specified in the order, or, if no time is specified, until the Disciplinary Tribunal, in its discretion, revokes it on the application...