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1. [2022] NZEmpC 127 VMR v Aviation Security Service Division of Civil Aviation Authority [pdf, 304 KB]

   ...type compensation” being paid? [16] It was also argued that there would be an issue of apparent bias were the Authority to resolve the relationship problem, given its relationship with MBIE and, in turn, MBIE’s role in developing public health protections at the border. [17] Finally, Ms Grey said that the various identified questions were too complex for the Authority, and the case would inevitably return to the Court by way of challenge even if it was first investigated by the...

2. [2023] NZEmpC 69 Halse v Employment Relations Authority [pdf, 292 KB]

   ...AND IN THE MATTER OF an application for a stay AND IN THE MATTER OF an application for security of costs BETWEEN ALLAN HALSE Applicant AND EMPLOYMENT RELATIONS AUTHORITY First Respondent AND TURUKI HEALTHCARE CHARITABLE TRUST Second Respondent AND AND CULTURESAFE NZ LIMITED (IN LIQUIDATION) Third Respondent TRACEY SIMPSON Fourth Respondent Hearing: 20 September 2022; 15 March 2023 (Heard at Au...

3. Auckland Standards Committee 3 v Ms W [2023] NZLCDT 35 (17 August 2023) [pdf, 214 KB]

   ...were causing delays in her finalising documents, especially an amended statement of claim to cure defects in the pleadings. [11] Details of the false statements are: 4 A breach of r 14.4 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (Rules). 5 A breach of r 3, exacerbated by her failures to disclose information to her client and keep it informed about progress. 6 Which would have been a breach of r 10.3. 5 (a) On 9 August 2019, the practitioner r...

4. [2022] NZREADT 22 — QQ v REAA (CAC 1902) & NQ (25 October 2022) [pdf, 171 KB]

   ...Decision of Complaints Assessment Committee 1902 [15] On 5 August 2019, the Committee issued a decision concluding it would take no further action. [16] The Committee said that r 10.7 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules) required the disclosure of known defects, but not hidden or underlying defects. The appellant thought that the listing price 4 of the property was too high and he was concerned that the licensee and the...

5. York - Matakohe North Eastern Portion Lot 54 Section 3B1 Maori Reservation (2021) 235 Taitokerau MB 288 (235 TTK 288) [pdf, 278 KB]

   ...as trustee because of the trustee’s conduct or circumstances. (2) A trustee has lost the capacity to perform the functions of a trustee, for example, if the trustee— (a) is subject to an order appointing a manager under section 31 of the Protection of Personal and Property Rights Act 1988; or (b) has a trustee corporation managing the trustee’s property under section 32 or 33 of that Act. (3) A person may no longer be suitable to hold office as trustee, for example, beca...

6. JM v AHX [2011] NZIACDT 2 (21 January 2011) [pdf, 104 KB]

   ...complaint was made in relation to fees, SN dealt with the issue, when it was a responsibility of the Adviser and DTM. Furthermore, SN’s dealings in relation to the complaint were unprofessional, and largely devoid of any regard for the duties of care, respect and professionalism under the Code of Conduct (I draw the Adviser’s attention to the terms of an email dated 19 March 2010 apparently sent by SN to the Complainant). [9.4] Further, the fees charged appear not to have been agree...

7. [2011] NZEmpC 76 Rush Security Services Ltd v Samoa [pdf, 132 KB]

   ...(sometimes called „permanent‟ employment) and, if so, whether that happened in the case of Mr Samoa, was the heart of the case in the Authority and remains so on this challenge to its determination. I am grateful to Judge AA Couch for the careful and detailed examination of this question that he undertook in his judgment in Jinkinson v Oceana Gold (NZ) Ltd. 2 I will not reiterate passages from that judgment with which I respectfully agree but, rather, attempt to state the pri...

8. CEIT Practice Notes 2022 [pdf, 460 KB]

   ...Using advocates Parties may have their case presented at conferences or hearings by anyone they choose. Such a person, referred to in these Practice Notes as an advocate, might be: an engineer, builder, lawyer, friend, family member, councillor or care-worker. There is no requirement that a party must use an advocate or that they use the same advocate on each occasion. An expert cannot act as both an expert witness and an advocate for a party in the same claim.14 If a party is using a...

9. 08.-Evidence-of-Mr-Quentin-Parr-Ngati-Hikitanga.PDF [PDF, 263 KB]

   ...11. Ngāti Hikitanga's whakapapa connections to its ancestral lands are integral to its identity and its unique relationship as kaitiaki and manawhenua. The hapū’s whakapapa links it to its tūpuna (ancestors), who lived, thrived, and cared for the land throughout history. Page 5 12. Ngāti Hikitanga traces its origins back to renowned ancestress Hikitanga, the daughter of Kikopiri and grandmother of Te Paea. Ngāti Hikitanga has a close relationship to Ngāti Hu...

10. Horne v Anaru - Pukehina M Sec. 2A, M Section 2B No.2 and M2D Aggregated (2015) 123 Waiariki MB 40 (123 WAR 40) [pdf, 234 KB]

    ...the investment properties, Mr Koning submitted that once again, while every aspect of the acquisition and management of the apartments had not always followed best practice, the trustees accepted the need to ensure the owners’ investments were protected. In that context, it was also submitted that the market value of the investment properties had increased significantly since their purchase. [14] Counsel acknowledged that concerns had been raised by the Court over particular aspe...