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1. [2012] NZEmpC 101 Pottinger & Nine Dot consulting Ltd v Carew and Kelly Services (NZ) Ltd [pdf, 250 KB]

   ...after she took up the business development position. [25] The plaintiffs drew a distinction between the role of consultants and the Branch Manager and Business Development roles they held. The evidence of Kelly Services’ Director of Human Resources, Ms Wallace, was that the expectation placed on consultants to develop relationships with clients from the company’s client base extends to more senior roles. Her evidence was that Ms Pottinger and Ms Carew had access to a consid...

2. National Standards Committee v Shand [2019] NZLCDT 2 [pdf, 3.2 MB]

   ...It was not reasonable that he put in place an alternative funding arrangement, whereby Mr Bligh would seamlessly be able to continue the litigation with representation on terms that he had made other arrangements for fees out of some personal resources. This led to the unfortunate situation where Mr Bligh’s lawyer had to apply to the Court for leave to be removed from the role of litigation lawyer for Mr Bligh. [61] We address some of the arguments formally put for Mr Shand. It...

3. LCRO 239/2017 AB v CD (3 July 2019) [pdf, 250 KB]

   ...keep the client advised of alternatives to litigation that are reasonably available. By imposing this duty, the rule aligns with the approach taken in the International Code of Ethics.21 [113] With the intention of avoiding the expenditure of resources, cost and uncertainty of outcome with litigation, many commercial contracts typically provide alternative disputes resolution (ADR) clauses, which may include the obligation of the parties to first, negotiate in good faith and, if un...

4. Waitangi Tribunal Te Aroha Maunga Settlement process report [pdf, 2.8 MB]

   ...Tribunal’s Hauraki Report recorded the multiple customary interests in Te Aroha, rather than the exclusive interests of the applicants ; that Ngāti Rāhiri Tumutumu had been able to attend the 107 Hauraki Collective hui, with the same level of resources as other iwi ; and they had signed the Framework Agreement and AIPE that specified the collective vesting of maunga, and further negotiations as to iwi-specific management .101 ӹ Ngāti Tamaterā opposed the application (adopting th...

5. LCRO 124-2014 SM v TK [pdf, 236 KB]

   ...she was entitled to retain the passport. She considered that the law was on her side. The Police are commonly reluctant to become embroiled in civil disputes, and I think it unlikely that they would have been prepared to deploy their stretched resources to advancing a charge which would have required the Court to consider whether a lawyer, in these circumstances, had a reasonable belief that she was entitled to hold onto a passport. 13 [68] But the Police’s decision to take...

6. NZCVS-Cycle-5-Impact-of-COVID-Who-experience.xlsx [xlsx, 400 KB]

   ...of any partner or sexual violence by demographic factors (prevalence rate) – Estimates and Sampling error 1 New Zealand Crime and Victims Survey (NZCVS) Impact of the COVID-19 pandemic on crime and victimisation – Cycle 5 (2021/22) (available at Resources and results) Enquiries Contact us for further information about these and related statistics Suggested citation Ministry of Justice. 2023. New Zealand Crime and Victims Survey. Impact of the COVID-19 pandemic on crime and victim...

7. NZCVS-Cycle-5-Impact-of-COVID-Distribution-of-crime-v2 [xlsx, 366 KB]

   ...Repeat victimisation of offences by family members by demographic factors – Estimates and Sampling error 1 New Zealand Crime and Victims Survey (NZCVS) Impact of the COVID-19 pandemic on crime and victimisation – Cycle 5 (2021/22) (available at Resources and results) Enquiries Contact us for further information about these and related statistics Suggested citation Ministry of Justice. 2023. New Zealand Crime and Victims Survey. Impact of the COVID-19 pandemic on crime and victimi...

8. Have your say on the family justice system [pdf, 1.1 MB]

   ...of family violence and how this affects parenting and children; children with disabilities and/or disabled parents; f) is cost-effective, with reference to financial sustainability for the Crown given the various drivers of cost, capability and resources. C. The panel will consult with children and young people (including Māori children and young people), Māori, Pacific peoples, academics, the Judiciary, the legal profession, disabled people, relevant professional groups, communit...

9. ZA v YB LCRO 164/2013 Recusal (31 August 2016) [pdf, 98 KB]

   ...they do not consider that the judgment of Palmer J in is compromising of my independence in my Review Officer function in relation to files in which Mr [ZA] is a party, or otherwise. [76] The issue of practicability, and the effective use of scarce resources, is also relevant. A substantial part of the workload of this Office involves Mr [ZA] as a party. Relinquishing conduct of all reviews involving him as a party would have a number of undesirable consequences, not least of which wou...

10. [2013] NZEmpC 133 2013 Dolev v Netafim Australia Pty Ltd [pdf, 186 KB]

    ...employment agreement. However, none of the emails contained any bilateral confirmation that long service leave would discontinue for future service with Netafim from that point. Mr Schneider has misunderstood Mr Dolev’s comment to the Human Resources Manager in the email dated 10 February 2006. [49] Both counsel in their submission referred to the principles applying to contractual interpretation. They referred to Vector Gas Ltd v Bay of Plenty Energy Ltd, 3 and a considerati...