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1. [2016] NZEmpC 67 Bay of Plenty DHB v Rahiri [pdf, 143 KB]

   ...and only very general guidance can be drawn from the leading cases. This case is no exception. [10] It is also pertinent to note that the relevant legislation, that is the Act and appropriate parts of the so-called minimum code of legislative protection of employees, does not differentiate between classes of employees or, indeed, define employees for gate-keeping purposes, as ‘permanent’, ‘part-time’ or ‘casual’. All that the Act requires is that there was an employmen...

2. ENVC Hearing 6Oct14 AT evidence chief Appendix A 2012 bylaw [pdf, 208 KB]

   ...Explanatory Note This bylaw made pursuant to section 22AB of the Land Transport Act 1998, allows for Auckland Transport as the road controlling authority to set requirements for parking and control of traffic on roads under the care, control, or management of Auckland Transport. This bylaw revokes and replaces transport-related bylaws made by the previous local authorities of Auckland. This explanatory note is for information purposes only and does not form part of th...

3. X Ltd v II [2021] NZDT 1539 (14 May 2021) [pdf, 169 KB]

   ...resulting in the amount claimed becoming $16,924.15. CI0301_CIV_DCDT_Order Page 2 of 8 [5] I have to decide: (a) if the provisions of section 31 of the Consumer Guarantees Act apply; (b) whether the works were carried out with reasonable care and skill and were fit for purpose; (c) if goods supplied were of an acceptable quality; (d) if XL was provided with an opportunity to remedy any failure and, if so, whether the failure was remedied; (e) if any of the works included i...

4. IX v AQ & AP LCRO 57 / 2012 (23 May 2012) [pdf, 111 KB]

   ...Messrs [AQ] and [AP] had deceived Mr [IX] into believing that the appeal to the Environment Court would be conducted under legal aid; and 2. Whether Mr [AP] had breached rule 9.5 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. This rule provides that “where a client may be eligible for legal aid, a lawyer must inform a client of this and whether or not the lawyer is prepared to work on legally aided matters”. [24] After considering all of the m...

5. [2011] NZEmpC 49 Katz v Mana Coach Services Ltd [pdf, 143 KB]

   ...the Defendant Judgment: 25 May 2011 JUDGMENT OF JUDGE A D FORD The issue [1] The issue in this case is whether the plaintiff is entitled to be indemnified by her employer for legal expenses she incurred in successfully defending a careless driving charge arising out of an accident occurring in the course of her employment. The end result of the criminal proceeding was that the plaintiff was discharged without conviction. The facts [2] The facts can be briefly stat...

6. LCRO 68/2019 NI v RC and OD (28 February 2020) [pdf, 175 KB]

   ...concerning Mr RC. [6] Her complaints were summarised by the Standards Committee in the following manner:1 • … Mr RC failed to act competently and in a timely manner consistent with the terms of the retainer and the duty to take reasonable care, including pressuring Miss NI into accepting the Settlement Agreement with [CDHB]; • … Mr RC failed to respond to Miss NI’s enquiries promptly or at all, including not returning phone calls or responding to emails; • … Mr RC f...

7. MG v Jean Xiujing Hu [2019] NZIACDT 20 (10 April 2019) [pdf, 152 KB]

   ...with supporting documents. There is also a statement of reply (16 June 2017) from Mr Moses. Ms Hu does not seek an oral hearing. ASSESSMENT [53] The Registrar relies on the following provisions of the Code: 1. Obligations to clients 1.1 Care, respect, diligence and professionalism: A licensed immigration adviser must, with due care, diligence, respect and professionalism: a) perform his or her services; and b) carry out the lawful informed instructions of clients; and …...

8. [2007] NZEmpC AC 28/07 Wilson v CE of Ministry of Social Development [pdf, 65 KB]

   ...her employer treating the incident as being less serious than it was; (c) the length of time taken for assistance to arrive; (d) failure to properly debrief after the incident; (e) failure to place the two youths involved in the separate secure care unit (i.e. in custody); (f) failure to have the youths charged by the police; (g) requiring her to return to work while on stress leave; (h) failing to notify her that a Critical Incident Stress Management (CISM) meeting was being...

9. BF v CV LCRO 271 / 2012 (6 September 2013) [pdf, 130 KB]

   ...the Practitioner attended the hospital (Mr BF and other family members being present) at which time Mr BF questioned the 2 Practitioner about the status of the family home in relation to asset testing and in connection with on-going healthcare needs for his father. The Complaint [4] Mr BF’s complaint was that the Practitioner appeared not to have the knowledge to deal with requests for advice sought at that time; that the Practitioner failed to refer the family to a coll...

10. [2024] NZEnvC 176 Waimarino Queenstown Limited v Queenstown Lakes District Council [pdf, 942 KB]

    ...consent process, particularly as it was apparent that the Council had not been monitoring these specific outcomes since the first subdivision consent was granted in 2006. [26] The undomesticated and development areas, once identified, are to be protected by way of a consent notice registered against the title to the lots authorised by the subdivision consent. That protection is intended to be for the benefit of all lot holders and the Council (see r 27.7.3, and corresponding land u...