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1. [2020] NZIACDT 17 - XA v Hill (10 March 2020) [pdf, 304 KB]

   ...director stating that communication was pointless and they did not want a private settlement. Residence decline appealed [67] The complainant appealed the decline of her residence application by Immigration New Zealand to the Immigration and Protection Tribunal (IPT) on 12 February 2018. She was represented by another licensed immigration adviser, Ms Janelle Han. [68] The letter to the IPT (12 February 2018) stated that the complainant agreed the decision of Immigration New Zea...

2. [2018] NZEmpC 106 X v The Chief Executive of the Department of Corrections [pdf, 683 KB]

   ...overdosing. He was located by the police and taken to hospital. The next day he left the hospital. He was located and arrested for breaching the police safety order by naming Ms Y in the Facebook post. Later that day a Judge declined to grant a protection order but increased the police safety order for a further three days. [25] On 3 December 2014, he was given a letter from the police stating that Ms Z had made a complaint of harassment about him. The complaint arose from eve...

3. NZ Private Prosecution Service Ltd v Key (Strike-Out Application) [2015] NZHRRT 48 [pdf, 157 KB]

   ...the period from August 2014 to April 2015 by “repeatedly pulling [her] hair”. It is alleged the harassment continued despite a complaint by Ms Bailey to the defendant, to her employer, to the defendant’s wife and to members of the Diplomatic Protection Squad who accompanied the Prime Minister. [47] It is plain from the allegations made in the statement of claim that the alleged acts occurred when the defendant was a customer of or visitor to Ms Bailey’s place of work. Both befo...

4. [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...

5. [2015] NZEmpC 194 Tuala v Linfox Logistics (N.Z.) Ltd [pdf, 122 KB]

   ...subject to such conditions, including conditions as to the giving of security, as the Court thinks fit to impose. [20] In Duncan v Osborne Buildings Ltd, the Court of Appeal stated in relation to an application for stay: 2 … [I]t is necessary carefully to weigh all of the factors in the balance between the right of a successful litigant to have the fruits of a judgment and the need to preserve the position in case the appeal is successful. Often it is possible to secure an int...

6. TE v Wellington Standards Committee LCRO 100/2010, 92/2011, 153/2012 (1 February 2013) [pdf, 126 KB]

   ...reach a finding of misconduct - that is a charge that may only be brought before the Tribunal.12 [82] A finding by the Standards Committee that a bill of costs is not fair and reasonable constitutes a breach of rule 9 of the Conduct and Client Care Rules.13 The term “unsatisfactory conduct” is defined in section 12 of the Act and includes by reason of section 12(c) “conduct consisting of a contravention of this Act, or of any regulations or practice rules made under this Ac...

7. Clearwater Trust v Flora Creative Limited [2012] NZWHT Auckland 9 [pdf, 174 KB]

   ...ISSUE A – Have the claimants proven their claim against Flora Creative Limited ........................................................................................................... 9 ISSUE B – Did Mr Paul Clarke personally owe a duty of care to the claimants to administer the day-to-day operations of Flora Creative in such a way as to ensure quality control of the construction of its houses? .............................. 11 ISSUE C – Did Mr Paul Clarke personally owe the...

8. Summary of submissions on Phase Two of the AML/CFT reforms [pdf, 700 KB]

   ...legal professional privilege should be available.  The concept of ‘privileged communication’ is too narrow. 16  The Act is inconsistent with the Evidence Act 2006 and the Search and Surveillance Act 2012.  There needs to be careful consideration of the protection of legal professional privilege if onsite inspections of lawyer’s offices are undertaken.  There needs to be greater clarity on where the line between legal professional privilege and AML/CFT obli...

9. CH v DX LCRO 296 / 2012 (10 October 2013) [pdf, 100 KB]

   ...of decision- 6 Standards Committee Determination (5 October 2012). 5 making. b. The public interest required consideration of the extent to which publication would provide some degree of protection to the public and the profession. See S v Wellington District Law Society [2001] NZAR 465, at p469. c. The common law of New Zealand recognised the major interest in openness of proceedings before courts and tribunals. The val...

10. [2021] NZEnvC 056 Smith v Nelson City Council [pdf, 936 KB]

    ...22. If persistent soft and wet areas or slide planes are identified during the earthworks these shall be shall be undercut and replaced with compacted hard fill unless not-deemed necessary by the geotechnlcal engineer. Earthworks - removal of existing protection measm·es 23. The existing slope protection measures Installed across the toe of the landslide which are providing protection to downslope properties shall be maintained, (or, with specific review and certification from the geotechnl...