Search Results

1. [2020] NZEmpC 69 A Labour Inspector v Jeet Holdings Ltd [pdf, 258 KB]

   ...established that MCF had an interest in all of the relevant assets, making it unlikely or at least questionable that they would be dissipated as alleged. In these circumstances, it was an abuse of process not to concede that the freezing order should be permitted to fall away. d) Costs on a 3B basis would be justified, a figure of $15,179, although actual costs amounted to $13,790.50. However, MCF would be meeting all of the defendants’ legal costs in this matter as it had no...

2. [2020] NZREADT 02 - Clough v CAC 520, Bunn & Christiansen - Penalty (5 February 2020) [pdf, 157 KB]

   ...Investments Ltd, the owner of the property. By addressing the letter “To Whom It May Concern”, Ms Linley placed no limit on further disclosure of the information, and was therefore disclosing confidential client information, beyond the extent of any permitted purpose. [59] In the circumstances described above, it was reasonable for Ms Linley to seek advice from her manager, Ms Bunn, and that Ms Bunn in turn sought advice from Mr Christiansen. A reasonably competent manager a...

3. [2021] NZEmpC 125 McKinlay v Wellington Cosmetic Clinic Ltd [pdf, 233 KB]

   ...should be referred to in the employment-related proceedings. [21] In a judgment of 24 August 2020, Judge O’Dwyer undertook a detailed review of all the circumstances, both in that Court and in the Authority.8 She made orders which effectively permitted publication of certain facts that had been referred to by the Authority in its determination. Accordingly, I reproduce the relevant parts of the Family Court’s order:9 (1) The parties’ names can be published. (2) Publicat...

4. [2015] NZSSAA 023, 8 April [pdf, 41 KB]

   ...received the payments of benefit in good faith; (d) the beneficiary changed his position believing he was entitled to receive the money; and (e) it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. [23] Pursuant to s 86(9B) of the Social Security Act 1964 the term “error” includes: (a) the provision of incorrect information by an officer of the Ministry; (b) any erroneous act or omission occurring during an invest...

5. AD v ZX LCRO 87 / 2010 (14 December 2010) [pdf, 82 KB]

   ...obligation owed to the former client would be undermined. [20] The Rules reflect the exercise by the Court of its inherent jurisdiction to control its own processes, one of the aspects of which is the power to determine which persons should be permitted to appear before it as advocates. Hana New Zealand Ltd v Stephens 1 NZLR 833 p.11. [21] Nevertheless, it must be noted at this point, that the complaint and this application rest on a breach of the Rules, rather than a considera...

6. [2022] NZEnvC 147 BA Building Limited v Dunedin City Council [pdf, 579 KB]

   ...recreation spaces. 10. Include an assessment of the difference between pre- development peak flows and post-development peak flows (with and without mitigation) over a range of event durations, taking into account the maximum impermeable surfaces permitted in the District Plan zone for the structure plan mapped area (and including any other development restrictions resulting from any other rules in the District Plan or legal instruments registered on the title(s) for the structure plan...

7. Re Tai Rakena (Rejection of Statement of Claim) [2017] NZHRRT 27 [pdf, 140 KB]

   ...action would be taken on them. [16] By subsequent letter dated 12 April 2017 the Commissioner made two points. First, in relation to the complaints by Mr Tai Rakena that personal information requested by him had been provided outside the timeframe permitted by the Act, the Commissioner was not going to conduct an investigation as the requested information had been provided to Mr Tai Rakena: 8. I understand you are frustrated that the information was received outside of the timeframe...

8. Tranent v Abingdon LCRO 47 / 2009 (22 May 2009) [pdf, 87 KB]

   ...“conduct that would be regarded by lawyers of good standing as unacceptable” under s 12(b) of the Lawyers and Conveyancers Act 2006 and therefore unsatisfactory conduct. This concern is accentuated given the problems that arise if lawyers are permitted to refuse to deal with unrepresented parties. A breach of that standard is a question best answered by the Standards Committee. [24] I also note that while this issue was put to Mr Abingdon at the hearing it is not a matter...

9. [2016] NZSAAA 02 (28 July 2016) [pdf, 220 KB]

   ...student’s biological parent but who is “married to, or in a civil union or in a de facto relationship with, the mother or father of the student”. [13] Nevertheless, where a student has “established independence” from one parent, reg 4(2)(c) permits StudyLink to make the income assessment on the basis of the income of the other parent alone. This is only possible, however, where the student’s parents are not living together and the case falls within the criteria listed in r...

10. RC v ZN LCRO 74/2012 (21 July 2015) [pdf, 55 KB]

    ...conduct has proceeded on a reasonably narrow interpretation of the rule. [37] Section 200 of the Lawyers and Conveyancers Act enjoins this Office: … [to] conduct any review with as little formality and technicality, and as much expedition as is permitted by – (a) the requirements of this Act; and (b) a proper consideration of the review; and (c) the rules of natural justice. [38] Applying such an approach means that I should stand back and take an overall view of the purpos...