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1. [2021] NZREADT 55 – Lammas v Real Estate Agents Authority (6 December 2021) [pdf, 340 KB]

   ...After considering the appeal, the Tribunal may confirm, reverse, or modify the determination of the Committee.9 If the Tribunal reverses or modifies a determination, it may exercise any of the powers that the Committee could have exercised.10 [110] A hearing may be in person or on the papers.11 A hearing in person may be conducted by telephone or audiovisual link. [111] These appeals are against the determination of the Committee under s 89(2)(b) and (c). They are general a...

2. LCRO 35/2021 ZN v YM and XL (16 December 2021) [pdf, 237 KB]

   ...advancing a complaint against Ms YM to the Law Society. It was Mr XL’s view that Ms ZN’s approach to advancing her complaint, potentially raised the possibility that Ms ZN herself was in breach of the conduct rules, specifically r 2.7. [110] Rule 2.7 provides that a lawyer must not threaten, expressly or by implication, to make any accusation against the person or to disclose something about any person for any improper purpose. [111] Mr XL concluded his correspondence with in...

3. [2021] NZEmpC 199 Lawton v Steel Pencil Holdings Ltd [pdf, 415 KB]

   ...recoverable, but for the Agreement. [109] But for the Agreement, and to the extent they were not reimbursed, the other expenses claimed too would have been recoverable against SPHL. Fourth question: Was Mr Stock a person involved in a breach? [110] The final question is whether Mr Stock is a person who was involved in the claimed breaches of employment standards, who would have been liable for moneys due to Mr Lawton. [111] An employee may recover moneys due to them as a resul...

4. [2021] NZEmpC 129 Caddy v Vice-Chancellor, University of Auckland [pdf, 371 KB]

   ...previous experience lecturing or tutoring in Jazz Studies. Dr Camp, for his part, had considerable teaching experience in Jazz Studies. This led her to the conclusion that the role had been tailored to better suit Dr Camp at her expense. [110] In support of this view, Mr Mitchell, counsel for Dr Caddy, drew attention to an earlier version of the description which had been provided to the Review Committee. That version can be fairly described as of a more general nature than the...

5. LCRO 148/2020 PV v GY (31 May 2021) [pdf, 269 KB]

   ...conflicted, was not bought in good faith. She is alleging that the Police prosecutor (presumably in conjunction with unnamed colleagues) has raised the conflict issue in order to shut down inquiry into the way the Police had conducted its inquiry. [110] Secondly, she is lending her weight to argument that her client had reasonable cause to suspect that the steps taken by the Police to obtain medical records carried ulterior purpose. 14 Ms PV, response to Complaints Service (6 N...

6. Cutforth v Witana - Kohewhata 27C2A (2023) 259 Taitokerau MB 111 (259 TTK 111) [pdf, 364 KB]

   ...at the December election, when weighed against the other factors favouring removal, particularly the need to protect the trust, the trustees and trust assets, I considered removal was still desirable for the proper execution of the trust. [110] Mr Hovell argued that instead of removing Ms Witana as a trustee, I could approve the trustees renewing the insurance policy by a majority. I do not accept this. The issue in this case was not about a majority of trustees approving the re...

7. [2023] NZIACDT 9 - WS v Lawlor (23 March 2023) [pdf, 318 KB]

   IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL Decision No: [2023] NZIACDT [9] Reference No: IACDT 011/22 IN THE MATTER of a referral under s 48 of the Immigration Advisers Licensing Act 2007 BY THE REGISTRAR OF IMMIGRATION ADVISERS Registrar BETWEEN WS Complainant AND JOHN DESMOND LAWLOR Adviser SUBJECT TO SUPPRESSION ORDER DECISION Dated 23 March 2023 REPRESENTATION: Registra

8. Walters v Wikiriwhi - Oruanui 9 and Others [2021] Maori Appellate Court MB 102 (2021 APPEAL 102) [pdf, 350 KB]

   ...matter was set down only for Oruanui 9 and was heard on 6 June 2014 along with the application of the Māori Trustee.3 As a result, cl 4(b)(i) was amended to permit the 3 99 Waiariki MB 89-97 (99 WAR 89-97). 2021 Māori Appellate Court MB 110 trustees “to acquire any land or interest in land whether by way of lease, purchase, exchange or otherwise” and the safeguards of effecting such acquisitions through the agency of the Māori Trustee or the Māori Land Court wer...

9. Elhassan v Webby [2022] NZHRRT 27 [pdf, 313 KB]

   Reference No. HRRT 018/2018 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN TARIG ELHASSAN PLAINTIFF AND JUDITH WEBBY (CASTLE) DEFENDANT AT AUCKLAND BEFORE: Ms J Foster, Deputy Chairperson Dr SJ Hickey MNZM, Member Mr IR Nemani, Member REPRESENTATION: Mr J Suyker for plaintiff Ms J Webby in person (absent and did not participate in the hearing) DATE OF HEARING: 1 July 2020 DATE OF DECISION: 5 August 2022 DECISION OF TRIBUNAL1 [1] Mr E

10. [2022] NZREADT 18 – QQ v REA NQ (7 September 2022) [pdf, 233 KB]

    ...imperfect memory and appeared as an honest and careful witness. His testimony, along with the documentary evidence, shows that all proper disclosure was made. JURISDICTION AND PRINCIPLES 109. This is an appeal pursuant to s 111 of the Act. 110. The appeal is by way of a rehearing.6 It proceeds on the basis of the evidence before the Committee, though leave can be granted to admit fresh evidence.7 After considering the appeal, the Tribunal may confirm, reverse, or modify the det...