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1. [2016] NZEmpC 137 Bennett and Others v Michaels and Others [pdf, 179 KB]

   ...of the corporate entities. Looking back, Ms Bennett considers the defendant companies were mere shells without assets and that her employment with them was a fraudulent sham on Mr Michaels’ part. She considers he relied upon the companies as protecting him from personal liability when in fact he was her true employer. [14] Mr van Geems and Mr Zainol described similar circumstances of apparent fraudulent behaviour by Mr Michaels in their employment. Mr van Geems is now resid...

2. Auckland Standards Committee 3 v Anderson [2022] NZLCDT 25 (22 July 2022) [pdf, 238 KB]

   ...of $2.2M (with a priority of $4.2M) had been obtained in September 2008 by Ms V without authority. [31] Ms V immediately acknowledged what she had done to Ms Anderson and provided her with a copy of the loan documentation. [32] In order to protect herself, Ms Anderson prepared a Deed of Trust for Assets in which Ms V acknowledged what she had done, acknowledged that she had misrepresented her position as a bare trustee to the ASB Bank, and that she was solely responsible for t...

3. McCleery – Waihaha 3D2 Inc (1997) 1 Waiariki Appellate MB 67 (1 AP 67) [pdf, 1.4 MB]

   ...presupposes that the Judge, in exercising his function, will have to act in an investigatory capacity and in all probability subsequently in a judicial one. This is a roll that Maori Land Court Judges are expected to play and those Judges have to be careful to ensure that when these two functions are involved they give every opportunity to persons affected so that natural justice is not denied. In the present case the learned Judge gave every opportunity to the Committee of Management to an...

4. Guide-5-A-Guide-to-Deportation-Appeal-Cancelled-Refugee-and-Protected-Person.pdf [pdf, 371 KB]

   ...gave on your appeal form. The Immigration Act 2009 says it is your responsibility to tell the Tribunal about these changes. http://www.justice.govt.nz/tribunals/ipt Page 10 Part 2: making your appeal – a checklist � Read this Guide carefully. � Fill out Form 5 – Deportation Appeal Cancelled Refugee and Protected Person. You may have been sent the form with this Guide. If not, download it from www.justice.govt.nz/tribunals/ipt or get a copy from the Tribunal – see...

5. Harland v ACC [2012] NZACA 2 [pdf, 62 KB]

   ...March 2007. [2] The appeal was against a review decision dated 20 February 2003 (the review decision), which in turn was against the Corporation’s decision made on 10 March 2003 (the decision), to decline an application for backdated attendant care under s 80(3) of the Accident Compensation Act 1982 (the application). 2 [3] The impetus for the application to reinstate the appeal was my decision in Nee Harland v ACC [2012] NZACA in respect of the appeal filed unde...

6. [2020] NZEmpC 142 Kwik Kiwi Cars Ltd T/A Mark Cromie Motor Group v Crossley [pdf, 308 KB]

   ...reasons.”6 [52] Chief Judge Inglis went on to make the important point that sincerity and/or improper motive must also be assessed in the context of the principles underlying the Convention;7 the statutory provision is intended to ensure that the normal protections available to an employee upon termination of employment should not be circumvented. [53] In Morgan, the presence of redundancy provisions undermined the employer’s claim that a fixed-term provision was justified....

7. Auckland Standards Committee 2 v Burcher, Short and MacDonald [2015] NZLCDT 47 [pdf, 78 KB]

   ...SNC and LNC Rules; failure to provide sufficient written information concerning default action to investors and consequent failure to take into account the advisor instruction of the investors in relation to appropriate default action; failure to protect 7 and promote the interests of the investor clients to the exclusion of the borrower clients in relation to defaults; failure to ensure the clients were advised of a conflict of interest at this point and advised to take inde...

8. Waitangi Tribunal theme G - Public works takings of Māori land [pdf, 1.4 MB]

   ...prime means of pacifying and ‘civilising’ Maori. Although settler governments liked to refer to the imposition of the benefits of English law, in fact the circumstances in which the provisions were applied to Maori land was the antithesis of the careful protections for landowners, the assumption of balanced rights and interests, and careful parliamentary scrutiny that characterised the development of the English provisions. The provisions also reflected a policy of rejecting the major Maori...

9. UK v VL LCRO 142/2013 (2 September 2016) [pdf, 257 KB]

   ...[YB] is entitled to due respect from his colleagues. [61] The inference that Mr [YB] did not receive due respect from Ms [VL] is not well supported. In her letter, Ms [VL] refers to the article the [ABC] had published on [day month year]. She is careful to say that the article “ comments the [ABC] attributes to Mr [YB]. She refers to the issue and expresses the s support t [62] It is apparent from Ms [VL]’s letter that she was being cautious about whether or not the [ABC] wa...

10. National Standards Committee 1 v Gardner-Hopkins [2021] NZLCDT 21 (22 June 2021) [pdf, 360 KB]

    THE NAMES AND IDENTIFYING DETAILS OF THE COMPLAINANTS (INCLUDING K) ARE PERMANENTLY SUPPRESSED. THE NAMES OF ANONYMISED WITNESSES ARE SUPPRESSED PENDING FURTHER ORDER. ORDERS MADE PURSUANT TO S 240 OF THE LAWYERS AND CONVEYANCERS ACT 2006. NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2021] NZLCDT 21 LCDT 022/20 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN NATIONAL STANDARDS COMMITTEE No. 1 Applicant AND JAME