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1. [2011] NZEmpC 96 Snowdon v Radio New Zealand Ltd [pdf, 177 KB]

   ...August 2011 should not proceed as it was not possible for the information technology experts to prepare a joint expert’s report; that Mr Kedzlie would not be able to participate in the concurrent giving of evidence at trial because he had not been permitted to inspect and analyse the defendant’s “SunSystem SQL” database; there had been non-disclosure of relevant documents; an adjournment would allow sufficient time for the Court to appoint two independent experts under the Hig...

2. LCRO 152/2017 CS v GB (22 May 2018) [pdf, 248 KB]

   ...and affairs” provided to or imparted to the lawyer by the person (r 8). The word “disclosure” is qualified by the words “in relation to a proposed retainer (whether or not a retainer eventuates)”. [85] There are both required, and permitted exceptions to the duty of confidence.23 (b) Discussion [86] Mr CS claims that Mr GB breached his duty of confidence owed to [Mr CS], first, by having Ms ON sit at the table during their meeting, and secondly, when [Mr GB] spoke to...

3. Supplementary Regulatory Impact Statement: A New Trusts Act - Commercial and Financial Trusts [pdf, 957 KB]

   ...professional capacity or as part of being ʽin-tradeʼ. 14. Core principles of trust law still apply to commercial and financial trusts. The core principles of trust law are: 14.1. the settlor by words or actions identifies the beneficiaries, or permitted purpose; identifies the trust property; and indicates an intention to create a trust; 14.2. the fundamental duties of trustees, without which there is no trust, must apply; 14.3. liability for dishonesty or wilful misconduct cannot...

4. LCRO 122/2018 ZQ v VX (30 October 2018) [pdf, 274 KB]

   ...terms of the settlement agreement reached at mediation; (b) he was dissatisfied with the legal advice he has received; (c) he did not agree to certain individuals being present at the mediation yet, despite his objections, those individuals were permitted to participate in the mediation; (d) he felt under pressure to settle the matter and request made of Mr VX to ensure that there was sufficient time available to consider the implications of the agreement was ignored; (e) Mr...

5. CD and Anor v GH LCRO 98/2013 (3 August 2016) [pdf, 102 KB]

   ...and (b) the practice obtains the client’s instruction or authority for the transfer or payment, and retains that instruction or authority (if in writing) or a written record of it; and (c) payments to a third party are made in a form that permits the crediting of the money only to the account of the intended payee; and (d) Rule 3 transfers to another client are by way of trust journal entry. 3 In providing regulated services to a client, a lawyer must always act com...

6. [2014] NZEmpC 93 Prime Range Meats Limited v McNaught [pdf, 108 KB]

   ...warning. That was the extent of the punishment arising out of the disciplinary process. But in addition a more informal and unwritten decision was made by Mr Hourston and Mr Forde that in future, Mr McNaught and Mr Lyall Spencer would not be permitted to work together. That was not a disciplinary step but it was a commonsense decision which was consistent with Prime's health and safety obligations as a good employer. Even Mr McNaught accepted the inevitability of that decis...

7. Horowhenua-District-Council-Cover-Letter-Form-7a-and-Form-18-20221101.pdf [pdf, 534 KB]

   ...and have - or have not - been applied for: Resource consents for a number of activities as set out in Volume I and in Part D of Volume II: Supporting Information and Assessment of Effects on the Environment. These include land use consents, water permits and discharge permits) as required by Resource Management Act, National Environmental Standards for Freshwater and the relevant provisions of the Proposed Natural Resources Plan for the Wellington Region and the Horizons One Plan. In add...

8. [2006] NZEmpC AC 53/06 Graham v Crestline Pty Ltd [pdf, 86 KB]

   ...given that Ms Swarbrick had confirmed that the balance of the otherwise privileged e-mail related to the question of Mr Graham’s shares in Crestline that were the subject matter of the settlement discussions. It would have been unjust to have permitted the plaintiff in these circumstances to waive privilege in part of the e-mail but continue to assert it in respect of the balance. In these circumstances I concluded that privilege had been waived in the whole of the e-mail and th...

9. [2007] NZEmpC AC 50A/07 Service and Food Workers Union Inc & Anor v Spotless Services (NZ) Ltd [pdf, 86 KB]

   ...Services These lockouts cover the entire period from midnight on Wednesday 11 July to 11.55pm on Wednesday 25 July. If you are employed in any of the above services then you have been legally locked out from the hospital site and are not permitted to be on the hospital grounds at any time from midnight on Wednesday 11 July. (emphasis added) … [23] Although the statutory lockout notices given to the union specified that selected identified employees would be locked out f...

10. ORC & Dairy NZ Ltd - EIC - Logan Bowler - 17 September 2021 [pdf, 935 KB]

    ...sites. What the DESC is and what it takes into account 45 In PC8, the need for sufficient storage capacity within effluent systems has been included in the rule framework relying on the DESC. 46 The DESC is referenced in both Rule 14.7.1.1 (new permitted land use rule) and Rule 14.7.2.1 (new controlled land use rule). In both cases, the rules require that the animal effluent storage facility is sized in accordance with the “90th percentile as calculated by the Dairy Effluent...