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1. [2022] NZACC 100–Phillips v ACC (25 May 2022) [pdf, 343 KB]

   ...dismissed by the organisation, for what other reason could they force her to hand over her assigned laptop and computer access. She says she returned to her car shaking and upset and was in tears later in the day as related it to her family. [101] In relating these events in Court and in presenting her case, the appellant was frequently tearful and had to stop on several occasions to compose herself. She was supported in Court by her husband, two daughters and a friend. The way i...

2. Melrose v Porter - Torere Section 58 [2022] Maori Appellate Court MB 209 (2022 APPEAL 209) [pdf, 360 KB]

   ...MB 186. p. 98 9 Porter v Melrose – Torere Section 58 (2021) 265 Waiariki MB 193 (265 WAI 193). 10 At 201 of transcript. 11 At 205-206 of transcript. 2022 Māori Appellate Court MB 214 1996 Trust review due: cl. 4.c. Trust Order. p. 101 22 March 2015 Neville Patu (trustee) passes away. p. 111 20 October 2018 Annual meeting of owners, at which current appellants resigned. p. 91, 189, 213- 220 5 September 2019 Rover Waiapu (trustee) passes away. p. 110 22 November...

3. [2022] NZREADT 7 - WM & NU v Real Estate Agents Authority (28 April 2022) [pdf, 317 KB]

   ...retraining. Additionally, they seek to recover certain costs. On the other hand, Mr Cartwright contends that, since the Committee made incorrect findings about his conduct, the penalty was based on incorrect assumptions and was excessive. [101] Any discussion of the orders has to have regard to Mr Cartwright’s previous disciplinary record, as noted by the Committee in setting the orders. Previous disciplinary record of Mr Cartwright [102] On 6 July 2018, the Tribunal found Mr...

4. [2022] NZEmpC 4 Chief of the New Zealand Defence Force v Darnley [pdf, 401 KB]

   ...upset and stress. [99] Accordingly, Ms Darnley has a sustainable grievance for unjustifiable disadvantage in relation to the 8 April 2019 letter. Compensation [100] Ms Darnley has not lost any earnings in relation to this disadvantage. [101] She gave evidence as to the effect on her of the plaintiff’s conduct. It is difficult to separate out the effects of this breach from those which resulted from the broader investigation and a disciplinary process. [102] In relation to...

5. LCRO 88/2018 MC v OT (24 December 2018) [pdf, 225 KB]

   ...OT’s view that his hourly rate fairly reflects his expertise and experience. [100] Mr MC, in providing response to Mr OT, says that “Mr BL neither states nor implies the rate is acceptable, on the contrary he implies it is excessive”. [101] I do not agree that clear inference can be drawn from Mr BL’s correspondence that he was suggesting that Mr OT’s charge out rate was excessive. He was simply noting that Mr OT’s fee was “at the top end”. [102] Mr BL does not fo...

6. LCRO 177/2021 FA v LL (14 March 2022) [pdf, 238 KB]

   ...a very serious matter for a legal practitioner”, and that the gravity of the Committee’s finding in the present matter has been reflected in its penalties and orders. Those orders include compensation to Ms FA for hurt and humiliation. [101] When assessing the appropriateness of the Committee’s penalties, I put to one side the orders of compensation and costs, because neither is punitive. The Committee would not, for example, have reduced the fine it imposed because it had a...

7. LCRO 184/2020 BC v NP and RS decision & minute (20 May 2021 & 30 April 2021) [pdf, 257 KB]

   ...facilitate the administration of justice. … A lawyer must not attempt to obstruct, prevent, pervert, or defeat the course of justice. … A lawyer must promote and maintain proper standards of professionalism in the lawyer’s dealings. [101] Though they sit within the rules that regulate lawyer conduct and client care, rr 2, 2.2 and 10 of the Rules are arguably wide enough to encompass conduct by a lawyer that does not occur at a time when they are providing regulated servi...

8. When someone dies suddenly guide [pdf, 533 KB]

   ...each other and in your community. However, if you feel like you need some more support, the following organisations can help you in a range of ways: ACC For financial support if a family or whānau member has died from an accident. Freephone: 0800 101 996. Website: acc.co.nz/im-injured/financial-support/financial-support-after-death After a Suicide An online support service run by the Mental Health Foundation for families and whānau affected by suicide. Website: afterasuicide.nz Birt...

9. [2022] NZREADT 16 - CAC 2102 v He & An (15 August 2022) [pdf, 172 KB]

   ...ordinary meaning of that word. Mr Hodge submits that the Committee need to prove dishonesty on the part of Mr An in order to prove disgraceful conduct. To do that, he submits the Committee needs to be able to rely on the evidence of Mr He. [101] It is submitted by Mr Hodge that if the Tribunal accepts that Mr He’s evidence cannot be relied on then the question for the Tribunal is whether Mr An acted dishonestly when inserting the initials based on his own account of what happe...

10. MOJ0047 When somebody dies suddenly guide [pdf, 533 KB]

    ...each other and in your community. However, if you feel like you need some more support, the following organisations can help you in a range of ways: ACC For financial support if a family or whānau member has died from an accident. Freephone: 0800 101 996. Website: acc.co.nz/im-injured/financial-support/financial-support-after-death After a Suicide An online support service run by the Mental Health Foundation for families and whānau affected by suicide. Website: afterasuicide.nz Birt...