Ministry of Justice

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1. Auckland Standards Committee 5 v Moody [2016] NZLCDT 23 [pdf, 33 KB]

   ...inspection of the file is to be subject to the approval of the Chair. The decision itself omits reference to such matters and therefore may be published in full. Medical Evidence [11] Dr Casey is a consultant psychiatrist specialising in old age care and is a practitioner of considerable experience. Dr Casey had examined Mr Moody in October 2014, twice in late 2015 and twice in early 2016. She diagnosed him as suffering from frontotemporal dementia. Dr Casey’s evidence is th...

2. [2022] NZEmpC 126 Henderson Travels Ltd v Kaur [pdf, 194 KB]

   ...123(1)(b) and 128 of the Act.2 [3] Henderson Travels was also ordered to reimburse Ms Kaur $7,268.10 for underpaid wages and $267.75 for working on a public holiday. Holiday pay at eight per cent was added. [4] The Authority found that the Wages Protection Act 1983 was breached by Henderson Travels because it obtained a premium from Ms Kaur of $860. The company was ordered to repay her. [5] In addition to those sums a penalty of $12,000 was imposed on Henderson Travels...

3. [2021] NZREADT 39 - Lee (29 July 2021) [pdf, 243 KB]

   ...for his non-appearance. The Tribunal therefore determined the charges by way of formal proof. A copy of the decision was provided to Mr Lee. Penalty principles [10] The principal purpose of the Real Estate Agents Act 2008 is to “promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work.2 The Act achieves these purposes by regulating agents, branch managers,...

4. Twigley v New Zealand Law Society [2025] NZLCDT 5 (28 January 2025) [pdf, 98 KB]

   ...of New South Wales v Foreman [1994] 34 NSWLR 408, 419, per Kirby P. 3 Issue [6] The issue for the Tribunal was whether the structure for re-entry into legal practice being put forward for consideration by Mr Twigley was sufficient to protect the public (and the profession’s reputation) from risk of future lapses in Mr Twigley’s judgement; and ensure adherence to his professional obligations. And, centrally, did we assess Mr Twigley to be a fit and proper person to p...

5. Tucker & Ors as Trustees of the Ngahere Trust v Tucker [pdf, 256 KB]

   ...penetrate that element to the extent disclosed in any particular case) for the dwelling to be defined as a “leaky building” and for a resulting claim to meet the eligibility criterion under section 7(2)(b). For example, a coat of paint or a protective coating of some description, or a particular cladding material may in some cases be the outermost building element into which, or through which, water has passed, thus qualifying the dwellinghouse concerned as a dwellinghouse into...

6. Lloyd v CAC 10056 & Davies [2012] NZREADT 27 [pdf, 149 KB]

   ...negligent; or (d) would reasonably be regarded by agents of good standing as being unacceptable.” [5] In the course of the hearing, the parties referred to some of the rules contained in the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 and, in particular, to rules 6 and 9 which read: “6 Standards of professional conduct 6.1 An agent must comply with the fiduciary obligations to her or her client arising as an agent. 6.2 A licensee must act in...

7. BORA End of Life Choices Bill section 7 report [pdf, 263 KB]

   ...http://www.justice.govt.nz/justice-sector-policy/constitutional-issues-and-human-rights/bill-of-rights-compliance-reports/section-7-reports/ 2 The motivation for this Bill is compassion. It allows people who so choose, and are eligible under this Bill, to end their lives in peace and dignity, surrounded by loved ones. The Bill carefully defines those eligible for assisted dying, details a comprehensive set of provisions to ensure this is a free choice, made without coercion, a...

8. LCRO 243/2016 KE v HO (21 June 2019) [pdf, 272 KB]

   ...formed the view there had been unsatisfactory conduct on Mrs KE’s part, pursuant to s 12(c) of the Lawyers and Conveyancers Act 2006 (the Act), in that she had contravened r 13.8 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). Background [2] The allegation against Mrs KE is that, as a lawyer engaged in litigation, she had attacked Mr HO’s reputation without good cause in documents filed in court proceedings commenced by Mr NE ag...

9. IK v VR LCRO 227/2014 (21 December 2015) [pdf, 102 KB]

   ...Service about aspects of IK’s representation of her. The complaint alleged: • A failure by Mr IK to hold fees she had paid in advance, in a trust account (the trust account complaint). • A failure by Mr IK to provide engagement and client care information (the terms of engagement complaint). • A failure by Mr IK promptly to invoice Ms VR (the invoice complaint). • A failure by Mr IK to return documents to Ms VR following termination of the retainer (the documents complain...

10. [2012] NZEmpC 101 Pottinger & Nine Dot consulting Ltd v Carew and Kelly Services (NZ) Ltd [pdf, 250 KB]

    ...twelve (12) months prior to terminating your employment; Procure of assist anyone else to breach any of the covenants contained within this paragraph. 70/72 The employee acknowledges that these non-solicitation covenants are reasonable for the protection of the employer’s business. The employee also acknowledges that the employee has received consideration for these covenants by the salary and other benefits provided by the employer. 71/73 The several covenants contained in...