Search Results

1. Hawke v ACC [2013] NZACA 5 [pdf, 86 KB]

   ...set out in the application for leave to appeal, are applicable to applications before the Authority also. As is the caveat that Authority has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. [16] I was not referred to any case law in respect of the principles applicable to questions of public or general importance, however, in the present case, some of the public interest considerations discussed in cases involving...

2. Transcript of speeches KG Smith [doc, 91 KB]

   ...including misconduct, restraint of trade, industrial action, mergers, vicarious liability and workplace health and safety. So, obviously employment law is your principal area of practice but you also have experience in civil and criminal litigation and resource management law. Your Honour has many many years of court experience and you have appeared in a variety of courts and tribunals including the Fisheries Quota Appeal Authority, the full Court of the Employment Court and the Court of Appea...

3. [2011] NZCA 14 CA405/2010 Idea Services Ltd v Dickson [pdf, 161 KB]

   ...who in a particular ―workweek‖ works for his or her employer. There is therefore some 31 At 168. 32 At 171–172. 33 At 172. 34 At 171–172. 35 See Chevron USA v Natural Resources Defence Council 467 US 837 (1984) and the discussion in Wool Board Disestablishment Company v Saxmere [2010] NZCA 513 at [114]–[115]. 36 At 171. greater basis for averaging over that particular unit of time (the ―workweek...

4. KL v WS LCRO 160/2013 (15 June 2016) [pdf, 89 KB]

   ...substantial fees. However, taking the matters outlined in rule 9.1 into account I do not consider the fees charged were unfair or unreasonable overall. [77] The proceeding was complex and involved multiple defendants. A significant amount of time and resources were required to ensure Ms WS fulfilled her professional obligations to Mr KL. The matter was important to Mr KL. His freedom was at stake, and his financial position in jeopardy. [78] Ms WS advised Mr KL of her best guess...

5. JR v SW LCRO 91/2014 (27 March 2015) [pdf, 99 KB]

   ...reviewing the pleadings, experts’ reports and witness briefs, concluded that the litigation was both factually and legally complex, and rated the difficulty of the litigation at a high level such as to “justify the application of significant legal resource”.11 [74] Mr YT, who had reviewed the statements of claim and opening submissions, concluded that the case was factually and legally complex, and considered that a number of the legal issues raised by the case were novel....

6. Koppula v Zhou [2014] NZIACDT 116 (27 November 2014) [pdf, 236 KB]

   ...person’s control does not trigger professional disciplinary consequences is self-evident. The usual point of difficulty is what is controllable, proper control often requires that a professional person maintain effective control over employees and resources within a practice. Regardless, there are occasions when professional persons are blameless victims of deception, or other circumstances, and that does not trigger professional disciplinary consequences. Ms Zhou’s management of t...

7. Berry v Rondel LCRO 130 / 2011 (26 April 2012) - Penalty Decision [pdf, 143 KB]

   ...compensation to Ms Berry?” LCRO: “yes - up to $25,000.00” Mr Rondel: “I would like that to be entertained” [23] At another stage in the hearing Mr Rondel stated: I should be offering to Rosalie to cover her legal costs out of my own resources in having to pursue this [24] Costs incurred in Court proceedings are dealt with by the Court. They are not part of any compensation that could be ordered by a Standards Committee or the LCRO. Whether Mr Rondel fulfils his stated...

8. Updated EC Topic Structure incl party comments and Council response 17 November 16 [xls, 93 KB]

   ...modelling in relation to this topic. The modelling proposed relates to plan enabled capacity and updated modelling is now required because some of the base information has changed. In relation to the timetable proposed, the Council is working through resourcing constraints and will advise the Court whether the timetable proposed can be met as soon as possible. ENV-2016-AKL-000206 Cato Bolam Consultants Ltd [5]; [8] (re 011) Cabra Rural Developments Ltd Federated Farmers of New Zealand Fo...

9. [2018] NZEmpC 43 A Labour Inspector v Smiths City Group Ltd [pdf, 503 KB]

   ...alcohol, could not have visitors without prior permission and was not to disturb residents during the night. He could only engage in a very limited range of other activities. His privacy was limited and he did not have access to the comforts and resources of his home. [35] The remaining two factors also indicated sleepover was work. The Court held that the greater and more extensive the responsibilities placed on the employee the more likely the period was work.12 Mr Dickson...

10. LCRO 138/2015 AZ, VY and CX v DW and EV [pdf, 260 KB]

    ...existing relation between Mr BY and Mr EV who was Mr BY’s accountant. 17 [79] Ms CX advised the respondents by email on 7 November 2013, that an intense phase of preparation was about to commence and the firm could not “commit significant resources” to the file. That did not result in fees being brought up to date. [80] Instead, extensive discussions between Mr BY and Mr EV ensued, culminating in the Deed relating to payment of fees being signed on 21 November 2013....