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1. [2009] NZEmpC WC 17/09 Idea Services Ltd v Dickson [pdf, 84 KB]

   ...part. [2] We deal with these issues in the context of Mr Dickson’s employment by Idea Services Limited (Idea Services) but the principles involved are potentially of much wider application. Sleepovers are a widespread practice in the community care arrangements for people with physical and intellectual disabilities. The wage averaging issue does not appear to have ever been determined authoritatively since the original Minimum Wage Act was passed in 1945. This issue may affect...

2. I Ltd v V Ltd [2024] NZDT 97 (18 January 2024) [pdf, 187 KB]

   ...out the tattoo and has used the photographs. 4. I Ltd claims $3,561.15, being: the cost of photoshopping ($953.35); legal fees ($747.50); a refund of the $900 paid to V Ltd; the cost of flying OB to and from [City 1] ($552.60); waxing and skin care ($58.00); the taxi from the airport ($37.60); nail care costs ($72.10); accommodation ($240). Issues 5. The issues for the Tribunal to determine are: (a) Whether V Ltd engaged in misleading conduct; (b) If so, whether I Ltd is...

3. Wellington Standards Committee v Skagen [2014] NZLCDT 82 [pdf, 173 KB]

   ...fixed fee and that he would have a solicitor to instruct the practitioner in pursuance of that agreement. He said that in reaching such an agreement he was not in breach of r 14.4 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (“the Rules”). He asserted that there is no provision in any statute that prohibits any of the following: (a) An agreement with a client to provide future services. (b) A fixed fee arrangement. (c) Advance payment for...

4. Mr M v CAC 20004 & Lewin & Lewin [2013] NZREADT 63 [pdf, 89 KB]

   ...it considered that the prospective purchasers would have been aware of the implications of the covenant and would have been able to make an informed decision. The Committee considered that the conduct breached rules 5.1, 6.4 and 6.3 of the Client Care Rules and on the balance of probabilities determined that Mr M, the appellant and Ms Watson (the agent) had engaged in unsatisfactory conduct. A small fine of $750 was imposed upon Mr M. [7] Mr M appealed. The appellant’s position is...

5. Wellington Standards Committee 2 v McDonnell [2022] NZLCDT 18 (13 June 2022) [pdf, 112 KB]

   ...because he failed to account for a sum of $25,000 which he paid out without authority. The unhappy context in which this matter arises is that Mr McDonnell, now aged 83, finally retired and in poor health, was in the twilight of his professional career when the unfortunate transaction occurred. Several adverse disciplinary findings across his final practising years suggest he was not functioning sharply in his professional practice. [2] At the hearing, having earlier offered a bla...

6. BORA Births, Deaths, Marriages, and Relationships Registration Amendment Bill [pdf, 316 KB]

   ...and • Establish a new register to record name changes for overseas born people living in New Zealand. ISSUES OF INCONSISTENCY WITH THE BILL OF RIGHTS ACT Section 19: Freedom from Discrimination 5. Section 19(1) of the Bill of Rights Act protects the right to freedom from discrimination on the grounds of discrimination set out in section 21 of the Human Rights Act 1993. These grounds include age and marital status. 6. In our view, taking into account the various domestic and o...

7. LE v BI [2024] NZDT 31 (2 February 2024) [pdf, 139 KB]

   ...purchase the Baby Carrier? 5. Generally, the rule of Caveat Emptor (‘let the buyer beware’) applies to the private sale of goods and there is no warranty regarding the quality of the goods or their fitness for purpose. This means that the protections given to purchasers who purchase in trade are not available to a private CI0301_CIV_DCDT_Order Page 2 of 4 purchaser, and a party in private contractual negotiations is usually under no obligation to ensure that the other p...

8. Scullin - Taungaure 1 Section 2 (2007) 97 Opotiki MB 236 (97 OPO 236) [pdf, 253 KB]

   ...Section 2, the subject of this application. Applicant's e,ridence and submissions [3] The principal reason provided by the applicant for the change of status is "there is urgency for the sale of the land in order to facilitate the better care of the applicant's wife and family by providing a residence in Rotorua." At 304 Rotorua MB 214 the applicant's sworn affidavit is recorded. The relevant excerpts are as follows: 97 Opotiki MB 237 " ... (3) 1...

9. Baker v High Court (Costs) [2022] NZHRRT 4 [pdf, 696 KB]

   ...her statement of claim in the Tribunal the plaintiff first filed with the Human Rights Commission a complaint that she believed she had been subjected to victimisation and discrimination by the Commissioner of Inland Revenue for being a part-time carer of the plaintiff’s child. [9.3] By email dated 10 June 2021 the Commission explained to the plaintiff that the terms of HRA, s 79(3) prevented the Commission from offering its dispute resolution service: I write in response to your com...

10. [2018] NZEnvC 116 Kumeu Property Limited v Auckland Council [pdf, 8 MB]

    ...retaining walls and pathways). [8] I have sighted the plans in question, and I am satisfied that it reflects the intent of the Decision. 3 [9] Condition 15 also is reflected in the new plan, and shows a walkway between the facility and the childcare centre. It also now contains a provision for the Council to review the provision of pedestrian access to State Highway 16. Again, I am satisfied that this reflects the intent of the decision. Conclusion [10] The consent now set...