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1. [2012] NZEmpC 19 Warmington & ONeill v AFFCO NZ Ltd [pdf, 214 KB]

   ...a competitor of AFFCO‘s. [4] The plaintiffs entered into individual employment agreements with AFFCO at the time of their appointment. Each agreement contained a restraint of trade clause, in the following identical terms: 9.1 In order to protect the Employer‘s proprietary interests, for three months after the termination of this agreement the Employee agrees not to engage to work for or on behalf of an organisation in direct competition with the Employer, nor establish their...

2. Abellera v Elizabeth [2017] NZIACDT 17 (20 Sept 2017) [pdf, 153 KB]

   ...complying written agreement providing a full description of the services to be provided and tailored to the client; [2.2] Breach of clause 1 of the Code of Conduct 2014 – in relation to failing to be professional and to conduct herself with due care; [2.3] Breach of clause 24(a), 24(c) and 1 of the Code of Conduct 2014 – in relation to failing to provide a refund on request, and by only agreeing to a refund provided the complainant withdrew his complaint. Responses from the...

3. Auckland Standards Committee 5 v Van Noort [2017] NZLCDT 21 [pdf, 286 KB]

   ...in respect of their small farm property, and on which he was to embark on a wine growing enterprise. [5] The practitioner has acknowledged that in doing so he breached Rule 5.4.3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 which expressly prohibits a lawyer from acting for a client in any transaction in which the lawyer has an interest. That prohibition is eased if the matter is not contentious and also if the interests of the lawyer and clie...

4. GX v TF LCRO 54 / 2011 (9 February 2012) [pdf, 64 KB]

   ...transaction did not go as smoothly as the Applicant may have wished, but I cannot see that this was caused by any wrongdoing on the part of the Practitioner. [20] The Applicant further contended that the Practitioner appeared more concerned about protecting his own risk than the business of the Applicant. This referred to 5 advice given by the Practitioner about appointing an independent trustee, and also steps taken by the Practitioner when the Applicant and his wife separa...

5. CAC 10044 v He [2011] NZREADT 9 [pdf, 90 KB]

   ...(“the Defendant”), with misconduct under s 73(c)(iii) of the Real Estate Agents Act 2008 (“the Act”) in that his conduct constitutes a wilful or reckless contravention of rule 9.15 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009. Particulars In about June 2010, the defendant advertised eight apartments at 11 Howe Street, Freemans Bay, Auckland for sale without the authorisation of the owner of the apartments. [2] The Complainants Ass...

6. [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...

7. 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...

8. 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...

9. 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...

10. 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...