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1. Johnson v Canterbury/Westland Standards Committee 3 - Outcome of appeal of decisions [2018] NZLCDT 5 and [2018] NZLCDT 21 [pdf, 439 KB]

   ...established and said it viewed the number of breaches and repeated failure to adhere to the Trust Account Regulations to demonstrate reckless disregard of the Regulations.31 [75] Under Charge 3, Mr Johnson was charged with misconduct for: (a) Permitting client balances to go into debit; (b) Not putting large client balances on interest bearing deposit; (c) Allowing the float account to become overdrawn; (d) Not maintaining journal entries for a period and not recording certain...

2. LCRO 194/2020 WQ and QZ v [Company A] (29 March 2022) [pdf, 293 KB]

   ...“justify a bill”, would “be difficult to do” where the client “was not on notice of a method of billing” apart from “usual time and attendance”. In such cases the lawyer would “have to establish as a matter of contract that this is permitted as well as having to establish as a matter of professional conduct that the fee reached is fair and reasonable”.22 Importantly concerning the application of r 3.4 in the context of Mr WQ’s, and Ms QZ’s review application...

3. Harland v ACC [2014] NZACA 13 [pdf, 166 KB]

   ...jurisdiction is very close to bullying tactics aimed at a vulnerable appellant and does ACC little credit. [21] Regarding costs, there is no power under s 110 for the Authority to award costs against an appellant except in terms of subs (3), which permits the Authority to make an award of costs on an application for an adjournment against either ACC or the appellant as the applicant, and when in the interests of justice, the Authority considers the adjournment should be allowed, but t...

4. [2017] NZEmpC 150 Prasad v LSG Sky Chefs Ltd [pdf, 492 KB]

   ...be provided to people who handle chemicals whatever their status for the purposes of health and safety. Equally I accept that requiring some badge of identification, in this case a uniform, is simply an incident of the fact that valeteers are permitted to drive high value goods, motorcars and vans. That said, I accept the claimants’ evidence that they are fully integrated into the respondent’s business and that they have no real other source of work.” tax purposes.3...

5. LCRO 22/2019 HT v MK (29 May 2020) [pdf, 326 KB]

   ...told him as soon as [Mr MK] knew about the change of shareholding at the Companies Office. [199] Mr MK says he did not know about the change of ownership until he received Mr HT’s complaint to the Complaints Service. He asks whether Mr HT “permitted” the change to DOT’s records because DOT holds its own share register.59 [200] Mr MK was told by Mr HT on 1 July he was not required to assist with settlement, and that BEG had not handed over a share transfer to SIN. [20...

6. [2022] NZEnvC 221 New Zealand Transport Agency [pdf, 1.8 MB]

   ...certification applies as identified in that table. Advice note: Management plans must be emailed to notifications@gw.govt.nz or resourceconsents@huttcity.govt.nz and include the consent reference number. Advice note: Any preliminary works which are permitted activities can be undertaken prior to the certification of any management plans. Table 1: Management Plan and other plan/processes Table Management Plan Decision pathway When to submit Who to submit to / certify...

7. [2017] NZEmpC 94 Crimson Consulting Ltd v Berry [pdf, 268 KB]

   ...one of procedure so that the statutory bar under s 179(5)(b) of the Employment Relations Act 2000 (the Act) would apply. If there was jurisdiction to hear the challenge, the issue would require consideration of s 160(1)(e) of the Act, which permits the Authority to decide if an investigation meeting would not be heard in public. (b) Were the relationship problem to be removed to the Court, the Court would determine its own procedure, including whether some or all of the hearing...

8. Canterbury Westland Standards Committee v Withers [2013] NZLCDT 39 [pdf, 229 KB]

   ...out in an affidavit by Mr Adamowski dated 24 July 2013. [15] The law is quite clear in respect of such matters. Generally, once a party has closed its case (or as in this case, after judgment has been reserved), no further evidence will be permitted. While the Tribunal has the power to admit further evidence arising from its ability to regulate its own procedures in the interests of justice, there are some principles to be observed. It is a power which has been held to be a...

9. Directory of Official Information J-L [pdf, 765 KB]

   ...• leveraging the company’s core competencies by entering into long-term leasing of land for dairy and sheep and beef farming • optimising the company’s genetic capability by marketing its genetically superior sheep, beef and deer • to permit wind farming on its properties as an adjunct to its core farming business and where appropriate, for the purpose of supplying primarily its own energy needs, to develop, operate and own small scale wind turbines on its properties, whether...

10. Malik v Auckland Council [2011] NZWHT Auckland 7 [pdf, 313 KB]

    ...[1977] 1 NZLR 394 (CA) Page | 41 [129] The Sanghas’ situation in the Sunset Terraces29 is clearly distinguishable from the present claim. The Sanghas entered into a purchase agreement with an abatement in the purchase price negotiated to permit the costs of repair to the deck which had weathertightness problems. It was the Sanghas’ position that they would not have proceeded to purchase the unit had the Council information disclosed that there was a problem with the bui...