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1. Cole & Anor v Euro-Asia Investments Ltd & Ors [2013] NZWHT Auckland 8 [pdf, 140 KB]

   ...the statutory definition of that term in s 8 of the 2006 Act (and thus within jurisdiction), is ultimately a matter for the Tribunal to resolve. Section 8 refers to “any aspect” of design or construction and in my view, given the consumer protection focus of the legislation, s 8, interpreted in the context of the Act as a whole, should not be narrowly construed. On the evidence, I am satisfied that the substantial drainage defects associated with this house are deficiencies in...

2. LCRO 19/2017 VY v WR [pdf, 191 KB]

   ...of [Mr AB] and [Mr EF] at the ‘experts conference’ was a stacking of the deck as I have accused both of these two of fraud and I have active complaints against them. They were always going to try and game the process to try and save their own careers. … I was not given the opportunity to either be present myself or have someone represent me at that conference. I suggest that Mr WR and his guy [Mr VY’s label for Mr [EF]] did not want any objectivity to that process. The compla...

3. [2015] NZEmpC 123 D’Arcy-Smith v Natural Habitats Ltd [pdf, 174 KB]

   ...the offer of casual labour-only contract work, at $18 per hour and on the same nominal hours as other contract workers on the site. The requirement to provide an invoice was reiterated and Mr D’Arcy-Smith was advised that he would need to take care of his own tax arrangements. Mr Stevenson says that Mr D’Arcy-Smith agreed to this proposal. Mr Stevenson says that there was a further discussion about invoices after Mr D’Arcy-Smith had started work, during which he asked what...

4. Lawyer-for-Subject-Person.-Selection-Appointment-and-Other-Matters.pdf [pdf, 238 KB]

   ...The purpose of this practice note is to ensure that there is quality and consistency of legal representation for a subject person. 3.4 This practice note is to be read in conjunction with the Family Court Practice Note: Applications under the Protection of Personal and Property Rights Act 1988 and the FLS Best FAMILY COURT PRACTICE NOTE LAWYER FOR SUBJECT PERSON: SELECTION, APPOINTMENT AND OTHER MATTERS 2 Practice Guidelines. 4 TERMS AND DEFINITIONS 4.1 In th...

5. [2020] NZREADT 18 - Hilliam [pdf, 177 KB]

   ...Committee”) has charged Mr Hilliam with: [a] Charge 1: a charge of misconduct under s 73(c) of the Real Estate Agents Act 2008 (“the Act”) (wilful or reckless contravention of the Act and the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”)), or in the alternative, misconduct under s 73(b) of the Act (seriously incompetent or seriously negligent real estate agency work); and [b] Charge 2: a charge of misconduct under s 73(b) of the...

6. BU v DG LCRO 276 / 2011 (17 September 2013) [pdf, 102 KB]

   ...Background [11] The complaint by BU arises from two letters sent by DG in which BU says DG’s “threatening, discourteous, disrespectful and arrogant behaviour”1 constitutes breaches of Rules 2.3, 2.4, 2.7 and 10.12 of the Conduct and Client Care Rules (RCCC). While BU is affronted by the tone and content of DG’s correspondence, my view is that although the tone of the correspondence is robust, and in parts unnecessarily provocative, it does not reach the threshold for an ad...

7. [2012] NZEmpC 97 Doran v Crest Commercial Cleaning Ltd [pdf, 224 KB]

   ...Kiely and Mere King, counsel for the defendant Judgment: 21 June 2012 JUDGMENT OF THE FULL COURT [1] Part 6A of the Employment Relations Act 2000 (the Act) came into force on 1 December 2004 1 . Its stated object 2 is to “provide protection to specified categories of employees if, as a result of a proposed restructuring, their work is to be performed by another person”. To this end, Part 6A gives “the employees a right to elect to transfer to the other person as...

8. Idea Services v Attorney-General (Interim Order Application) [2013] NZHRRT 24 [pdf, 148 KB]

   ...appeal prior to the hearing of the reference. However, the difficulty may be more imagined than real. If on appeal a finding by the Tribunal that the defendant has committed a breach of Part 1A or Part 2 is overturned, that finding would not be protected by the statutory bar in s 92T(4). Whether power to make an interim order under s 95 affected by reference [28] It was submitted by the Ministry that the Tribunal having made a reference to the High Court under both limbs of s 92R (rem...

9. E91 Kurt Grant - Construction Methodology - RE – Applicant [pdf, 9.5 MB]

   ...Biosecurity Management Plan - Pending Appendix M Navigation and Safety Management Plan - Pending Appendix N Indicative Construction Programme Appendix O Spill Response Plan Appendix P Environmental Incident Response Form Appendix Q Protected Objects Act and Accidental Discovery Protocol 2644 Wynyard Edge Alliance | America’s Cup – Wynyard/Hobson Construction Environmental Management Plan Rev D |September 2018 Page | v Appendix R Community Liason Group Feed...

10. LCRO 2011 Annual Report [pdf, 919 KB]

    ...conflict ‘event’ (discovery of the access problem) arose about 10 days prior to the scheduled settlement. The Practitioner ought then to have recognised that a conflict existed, and taken steps to ensure that the interests of both parties were protected. There was sufficient time to have arranged for the parties to have obtained independent legal advice as to their positions, and to have reached a basis for settlement. [23] There is no evidence to indicate that the Practitioner...