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1. [2023] NZEmpC 191 Appleton v Tasman Cargo Airlines Pty Ltd [pdf, 311 KB]

   ...Relations Act 2000, s 123(1)(c)(i). 15 Richora Group Ltd v Cheng [2018] NZEmpC 113, [2018] ERNZ 337. See too Waikato District Health Board v Archibald [2017] NZEmpC 132 at [62]; and GF v Comptroller of the New Zealand Customs Service [2023] NZEmpC 101 at [162]: band 1 $0-$12,000; band 2 $12,000-$50,000; band 3 over $50,000. [99] In the circumstances, and taking into account recent compensatory awards, I consider that, but for contribution, Mr Appleton would have been entitl...

2. [2023] NZREADT 11 - CAC 2103 v Lieven (15 May 2023) [pdf, 263 KB]

   ...his or her conduct might breach the Act, but proceeded regardless.18 [76] Ms Lieven is alleged to have wilfully or recklessly breached r 6.3 of the Rules. This Rule was considered by the Tribunal in Jackman v Complaints Assessment Committee 10100 where it accepted that a breach of r 6.3 would be justified by conduct which:19 …if known by the public generally, would lead them to think that licensees should not condone it or find it to be acceptable. Acceptance that such conduc...

3. [2024] NZEnvC 024 Environmental Defence Society Inc v Minister for Environment [pdf, 373 KB]

   ...NESPF if: a) the rule gives effect to an objective developed to give effect to the National Policy Statement for Freshwater Management11 b) the rule gives effect to any of policies 11, 13, 15 and 22 of the New Zealand Coastal Policy Statement 201012 c) the rule provides for the protection of significant natural areas;13 or d) the rule manages any activities in any green, yellow, or orange zone containing separation point granite soils areas that are identified in a plan. In 20...

4. [2024] NZIACDT 22 – QN v Nandan (29 August 2024) [pdf, 229 KB]

   ...(4). 6 Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 at [93]. 7 Section 50. 8 Section 51(1). 9 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] and [151]. 10 At [97], [101]–[102] and [112]. 10 amount on the top”.11 Ms Nandan even created an account in the complainant’s name with Immigration NZ to which the complainant had no access. [54] The complainant also sent to the Tribunal further subm...

5. BORA Criminal Procedure Bill [pdf, 88 KB]

   ...against the administration of justice and that offence relates to the hearing of an earlier criminal charge in respect of which the person was acquitted (new s 378A(2)). “Offences against the administration of justice” include such things as s 101 (bribery of a judicial officer) and ss 108 and 109 (perjury). A retrial requires High Court approval against stated criteria. Finally the new exception will only be available in respect of acquittal offences occurring after the legislativ...

6. ENVC Hearing 6Oct14 s274 evidence chief Anthony King-Turner [pdf, 98 KB]

   ...over a much longer time frame. The use of an overhead camera and automated traffic counter would have achieved a reliable robust result. Hence his deductions are statistically flawed. 33. I disagree with Mr Mitchell’s statement in paragraph 101 that “the new (marina) parking area and associated traffic is likely to have little effect.” He has not taken into account the effects the marina and its associated traffic will have in the future when there will likely be a need fo...

7. Easthope v Pirikia - Te Ngae Farm Trust (2012) 62 Waiariki MB 92 (62 WAR 92) [pdf, 261 KB]

   ...determination it follows that, as this trust is a whenua tōpū trust, the use and administration of the land vested in the trust is to be undertaken for the interests of the Ngāti Rangiteaorere hapū. The trust order as a whole 62 Waiariki MB 101 [37] Clause 2 must be read in conjunction with the rest of the trust order. This context confirms that the beneficiaries are members of Ngāti Rangiteaorere, who are descendants of Rangiteaorere. This interpretation is consisten...

8. KOTUHI Shane Hasan Francis Sharif (CSU 2011 WGN 000217) [pdf, 73 KB]

   ...April 2011, on the condition that CYF would remain involved with Shane, to support him and to apply for the independent youth benefit. [11] The Ministry was at this time informed by Mr Kotuhi’s lawyer for the child, that he wished for the s 101 custody order to be totally discharged. [12] Mr Kotuhi’s social worker did not oppose the discharge of the custody order because since early 2011 Mr Kotuhi had refused to live in the approved placement. At discharge the Court ordered...

9. AC v FV & HU LCRO 318/2012 (27 November 2014) [pdf, 50 KB]

   ...employee of Mr FV. [20] The Law Practitioners Act did not regulate the conduct of employees. The only remedies in the Act in respect of an employee’s conduct was to direct that they should not be employed by a lawyer (s 114(2)). [21] Section 101 of the Law Practitioners Act provides that where a complaint is against an employee of a lawyer a charge could have been brought against her before the New Zealand Disciplinary Tribunal if the District Council considered the charge to...

10. VM v ND & HB LCRO 249/2012 (30 November 2015) [pdf, 329 KB]

    ...Committee’s view it would be going too far to criticise Ms HB for not having ensured that Mr ND did so, or that he did so in appropriate terms. She was entitled to assume that Mr ND would attend to those responsibilities and obligations appropriately. 101. Accordingly the Committee makes a determination to take no further action in respect of the complaint against Ms HB, pursuant to s 152(2)(c) of the Act. 1 Standards Committee deter...