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1. Hawkes Bay Standards Committee v McKay [2014] NZLCDT 20 [pdf, 64 KB]

   ...arrangement at the direction of H’s purported agent who, by the time of the relevant events, was also a director of JCR. All of this was known to the respondent. No security was provided for H for the performance of the buyback agreement or for protection against the very event which subsequently happened, with the loss of the property through a mortgagee sale. The respondent’s conduct in relation to H, including the use of the completed A and I form to complete the sale at an unde...

2. Matchitt v Butler - Matangareka 3B (2018) 189 Waiariki MB 74 (189 WAR 74) [pdf, 673 KB]

   ...consideration is that the payment must be just and reasonable in all the circumstances: 13 [91]…In making this assessment the Court must balance two competing considerations: that the office of trustee is generally gratuitous and beneficiaries must be protected from the claims of trustees; and second, the importance to beneficiaries that trusts be well administered and their interests advanced. 12 Marks v Orbell – Rowallan Block...

3. LCRO 74/2020 NS v AD (29 January 2021) [pdf, 285 KB]

   ...carried out by Mr NS. [5] Ms AD has not applied to review the Committee’s determinations in relation to the estate and sale matters. Accordingly, this decision relates only to the immigration work. Background Ms ND’s instructions: Domestic protection [6] In early 2017, Ms ND approached Ms G, a lawyer with her own law firm, to act for her in domestic protection proceedings involving her husband (the DV proceedings). [7] Ms G practised in [suburb A], from the floor of a bui...

4. OIA-120214.pdf [pdf, 5 MB]

   ...the matter to registrar to consider whether it should be placed on the Evatt list. Family DOORS Triage Framework: - DOOR 1 Client self-report – not just screening for victimisation but also for perpetration, high conflict, substance abuse, child protection issues. - DOOR 2 Enquiry – asks questions based off survey answers given. Identifies ability and willingness to access support. - DOOR 3 – Develop safety plan The Family Counsellor: - Concern originally that completing the surve...

5. E81 Karen Wilson (Engagement) - EIC - Te Ākitai Waiohua [pdf, 3.5 MB]

   ...set out Te Ākitai’s view on engagement generally as there are a number of layers. 14. Firstly, te Tiriti o Waitangi (“Te Tiriti”) is the cornerstone of our relationship with the Crown. 15. Pursuant to Te Tiriti the Crown must actively protect our customary rights and interests in all of our taonga including the Waitematā. Implicit in the principle of partnership includes the duty to consult. 16. Secondly, the nature and extent of the engagement required is in part based...

6. [2024] NZEmpC 123 Wiles v University of Auckland [pdf, 536 KB]

   ...Professor Wiles and the other academics that they should consider pulling back from COVID-19 commentary and that providing such commentary did not form part of their jobs. Mr Phipps noted it was a balance between the critic and conscience role, and protecting staff from situations that create undue or unreasonable risks of harm. The University’s legal counsel, who was at the meeting, went further and said that if a hazard could not be managed or eliminated, the only option in te...

7. [2011] NZEmpC 129 Patel v Pegasus Stations Ltd [pdf, 95 KB]

   ...as raised by the Plaintiff with the Defendant in the above correspondence is not couched as a personal grievance, but even if it were (denied) it is not raised in conformity with s114. It is phrased in the nature of a tort (breach of a duty of care) rather than a disadvantage personal grievance. 17. The Authority had no jurisdiction in tort. The Court’s jurisdiction in tort is limited to industrial action. 18. The forged signature issue as raised by the Plaintiff with the D...

8. Orsborn v CAC 20006 & Warwick Collier & JVL Prestige Realty Ltd [2012] NZREADT 73 [pdf, 51 KB]

   ...Rather, the appellants’ claim for compensation is seemingly based on the licensee’s and the agency’s unsatisfactory conduct in misrepresenting the features of the property in their advertising. [39] The Act was introduced specifically to better protect the interests of consumers in respect of real estate transactions. A key means of achieving that purpose was the creation of a wide range of discretionary orders available on findings of unsatisfactory conduct or misconduct, inclu...

9. GUY Scott Grahame (CSU 2010 PNO 261) [pdf, 409 KB]

   ...in whose care they were at the time they sustained fatal injuries. 46. With respect to the present case I am satisfied on the basis of the evidence and information available to me that there are no known suspects whose reputations need to be protected by a finding of fact as to the identity of the killer. Ruling 47. I am satisfied having regard to the purposes of a coroner’s inquiry that the circumstances of Mr Guy’s death have been adequately established in the course of...

10. AI v AJ LCRO 01/2012 (21 November 2014) [pdf, 53 KB]

    ...investigations necessary to conduct that review, and therefore clearly contemplates the review officer reaching his or her own view on the evidence before her. Reverse Briefs [27] Mr AK was a barrister sole. Rule 14.4 of the Conduct and Client Care Rules3 [28] A practice has arisen around compliance with the intervention rule which has come to be known as a “reverse brief” whereby a barrister sole will arrange for a solicitor to act as his or her instructing solicitor. Ther...