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1. LCRO 52/2016 and 57/2016 BF v ZL (18 February 2019) [pdf, 203 KB]

   LCRO 052/2016 LCRO 057/2016 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination by [Area] Standards Committee [X] BETWEEN BF Applicant / Respondent AND ZL Respondent / Applicant DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Mr BF was appointed liquidator of ABC Limited (ABC) in 2011. Mr ZL

2. Final Env-Reg-Report-2017-18 [pdf, 178 KB]

   ...of Record. It is a specialist court that has jurisdiction over environmental and resource management matters. It can be characterised as follows: • a Judge usually presides at sittings to hear and determine proceedings • it is required by law to act judicially • it hears contesting parties to the proceedings before it and gives a determination which is binding upon them The court currently comprises 17 (inc.8 alternate) Judges and 13 Commissioners (inc.4 deputies). Commissi...

3. Beath v The Real Estate Agents Authority (CAC 409) and Kemp, Scoble & Mike Pero Real Estate Limited [2018] NZREADT 45 [pdf, 257 KB]

   ...Counsel approached this appeal as being against the Committee’s exercise of its discretion whether to lay charges of misconduct against the licensees: that to succeed in his appeal Mr Beath was required to establish that the Committee was wrong in law, took irrelevant matters into account or failed to take relevant matters into account, or was “plainly wrong” (that is, not open to the Committee to make on the information before it). [24] We note that insofar as counsel’s sub...

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

   ...homeowner can represent themselves. While the Tribunal is inquisitorial which by its nature it will aid self-represented applicants, neither the Tribunal member nor the case manager can provide advice. If necessary, referrals can be made to community law so self-represented applicants can obtain legal advice. The GCCRS is available to provide support to self-represented applicants. The Chair has published guidelines to assist self-represented applicants. Using advocates Parties ma...

5. [2022] NZACC 97 – Gimenez v ACC (19 May 2022) [pdf, 246 KB]

   ...hyper-extension injury to the right wrist following a fall while snowboarding 13 July 2016. Potentially the described mechanism of injury is of sufficient force to cause ligament injuries. The wrist remains painful and the client was reviewed by Mr Gareth Laws, who noted evidence of “bilateral midcarpal instability”. The subsequent MRI scan of the right wrist which confirmed a full thickness tear to central membranous third of the scapholunate ligament with some slight exten...

6. Williams v ACC [2012] NZACA 17 [pdf, 165 KB]

   ...declined to approve cover for a lumbar disc injury as being caused by the appellant’s covered injury suffered on 18 August 1982. The Notice of Appeal [2] Mr Williams appealed the following aspect of the review decision: “A Mistake of Law. On 23/8/2011, ACC sent me a letter to tell me they couldn’t accept cover for an additional back injury. I asked for a review of this decision as ACC has covered this under the claim number 83538612 for over 20 years. I thought my review...

7. [2010] NZEmpC 165 EBIIWU v Shakes and Norske Skog Tasman Ltd [pdf, 148 KB]

   ...redundancy, redeployment in other available roles at the mill, or the possibility of engagement with contractors to do their work. [10] The issues are: whether the notification of the redundancies of the second plaintiffs‟ positions is an unlawful lockout in that it seeks to compel them to accept employment with another employer and does not relate to bargaining between the first plaintiff and the defendant; and whether the company‟s proposal is to engage the employees o...

8. [2016] NZEmpC 162 Broadspectrum v Nathan [pdf, 119 KB]

   ...stay pending the decision of this application. Discussion [10] The power to grant a stay of proceedings on a decision is conferred by s 214(6) of the Employment Relations Act 2000 (the Act). That section reads: 214 Appeals on question of law … (6) Neither an application for leave to appeal nor an appeal operates as a stay of proceedings on the decision which the application or the appeal relates unless the Court or the Court of Appeal so orders.5 [11] It was common grou...

9. [2008] NZEmpC WC 15/08 Weston v Fraser [pdf, 59 KB]

   ...Fraser and Mr Weston during which Mr Weston accused Mr Fraser of having stolen a motor vehicle. I am satisfied from the evidence I heard that this allegation was entirely without foundation and that Mr Fraser’s acquisition of the vehicle was lawful. There was also a further exchange between Mr Weston and Mr Fraser during which Mr Weston said that Mr Fraser was an independent contractor with obligations to the Inland Revenue Department. As a result of this conversation, Mr Frase...

10. LCRO 205/2016 EK v IQ (15 October 2018) [pdf, 169 KB]

    LCRO 205/2016 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee [X] BETWEEN EK Applicant AND IQ Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Mr EK has applied for a review of a decision by [Area] Standards Committee [X] (the Committee) to take