Search Results

1. [2013] NZEmpC 3 Association of Professional & Executive Employees Inc v NZ District Health Board [pdf, 145 KB]

   ...importance of— (i) collective arrangements; and (ii) the role of unions in the public health sector. [7] Clause 3 provides definitions including: life preserving services means— (a) crisis intervention for the preservation of life: (b) care required for therapeutic services without which life would be jeopardised: (c) urgent diagnostic procedures required to obtain information on potentially life-threatening conditions: (d) crisis intervention for the prevention of perma...

2. SE v VT, DJ and CM LCRO 163/2014 (11 March 2015) [pdf, 101 KB]

   ...2 Above n 1 at [41]. 3 Lawyers and Conveyancers Act 2006, s 18. 5 [20] The Committee’s decision on both matters is set out as follows: 4 Rule 2.8 of the [Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008] would have required Mr DJ to report to the NZLS if he had “reasonable grounds to suspect” that Mr VT or Mr CM had been guilty of misconduct. The Committee did not consider it likely that Mr DJ thought that Mr VT and Mr CM h

3. JG v RS LCRO 245 / 2010 (15 March 2012) [pdf, 97 KB]

   ...Committee reviewed all of the material and the comprehensive submissions provided by both parties. Having done so, it came to the view that Mr JG had breached rules 2.3 and 13.4 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. [28] In respect of the breach of rule 2.3 the Committee had this to say: - “[17] The Committee considered that the relentless pursuit of this matter, with complete disregard to the costs being incurred, brought the profe...

4. LCRO 117/2018 VR v BJ (30 August 2019) [pdf, 183 KB]

   ...provided to Ms BJ that “show a disputed debt prior to the [H]igh [C]ourt action” initiated by her client. [16] Mr VR claimed Ms BJ “abused the process” referred to in r 2.3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) which prohibits a lawyer issuing a statutory demand in circumstances where the lawyer knows, or fails to make enquiries that the debt “is bona fide disputed”.3 [17] He said the debt concerned advertising the...

5. Phillips v King - Phillips Whanau Trust (2020) 418 Aotea MB 249 (418 AOT 249) [pdf, 260 KB]

   ...represent a minority of the trustees. They reflect one of the four whānau lines. [22] They oppose termination of the Trust on the following grounds: (a) They have lived in Ahipara all their lives and have a close connection to the land. They also cared for Henry Kingi Phillips and his wife, Kathleen, in their old age. They undertook all of the cultural and other responsibilities for their tangi. The applicant, Alexander Phillips, and their respective children have not maintaine...

6. Auckland Standards Committee v Davidson [2012] NZLCDT 28 [pdf, 119 KB]

   ...unquestioned. Certainly the references provided to support Mr Davidson from a number of eminent New Zealand citizens endorsed his integrity and high level of competence. Furthermore the Standards Committee accepted that the public did not require direct protection from Mr Davidson. In this respect we consider his conduct as a Director can be viewed separately from his conduct as a lawyer. [10] However, it is in respect of the second limb that is, in relation to the profession’s...

7. IV v DD & Ors LCRO 272/2012 (1 March 2016) [pdf, 81 KB]

   ...this is the practice recommended in the Legal Practice Manual published by Auckland District Law Society Inc in the chapter on Administration of Estates where the authors state:10 It is not an unreasonable personal representative who asks for the protection of a deed of release. Many probate practitioners recommend such a clearance as a matter of course. It is generally considered that a deed of release that exhibits and expresses approval of the estate financial statements, or at l...

8. [2008] NZEmpC CC 13/08 ANZ National Bank Ltd v Svensson [pdf, 64 KB]

   ...business and individual needs. In doing so, each party must: (a) Give as much notice as practical, and at least two weeks, prior to the proposed change; and (b) Fully inform the other of the issues under consideration, including family and care-giver needs, travel arrangements and any other relevant issues; and (c) Participate in good faith through full and open discussion (d) Neither party will unreasonably withhold agreement to such changes. [20] Other terms of the 2006 I...

9. Black v Nohotima - Ruatoki A Section 22B No 2C No 3 (2019) 228 Waiariki MB 3 (228 WAR 3) [pdf, 207 KB]

   ...mother passed away in 1988. Peti and Tokai noted that, although they live in Wellington and Palmerston North, they return to the home regularly with their own whānau and mokopuna. [13] Peti and Tokai submitted that they have been the joint caretakers of the house from 1996 to October 2018, when Anituatua’s daughter, Rangitunoa took up possession of the house without approval. [14] Prior to 1996, Peti and Tokai helped with the upkeep of the house alongside their brother Tuh...

10. Kooiman v CAC519, Rodgers, Clarke and Cudby [2019] NZREADT 11 [pdf, 287 KB]

    ...them had entered, or was going to enter, into an agency agreement with the Body Corporate.9 [14] The Committee then considered whether the licensees might have breached rr 6.4 and 9.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012, as contended by Mr Kooiman, by providing potentially misleading evidence and/or failing to act in their clients’ best interests. It rejected this contention, on the grounds that both rules related to conduct of a licens...