Search Results

1. Auckland Standards Committee v Rohde [2016] NZLCDT 9 [pdf, 34 KB]

   ...for the Standards Committee, Ms Reed pointed out that Mr Rohde’s evidence did not include any psychological assessment nor detailed plan as to the support structures within his practise and in relation to his recovery. [10] In response Mr Rohde filed a further affidavit which annexed a number of references expressing confidence in Mr Rohde as a person and in his recovery from his addiction. We then heard further oral evidence from Mr Rohde who was cross- examined by Ms Reed and a...

2. Duty lawyer instructions for Napier & Hastings District Courts [pdf, 58 KB]

   ...devices are used in the courtroom they should be used in such a way as to not disrupt court proceedings. Disclosure 25. Except for the summary of facts and conviction histories, duty lawyers are requested not to take disclosure off Prosecution files unless the charges are going to be resolved that same day. If disclosure is taken and it subsequently becomes apparent that the charges are not going to be resolved that same day, the duty lawyer should return the disclosure items to the P...

3. [2013] NZEmpC 214 South Pacific Ltd v Tian [pdf, 75 KB]

   ...application on the grounds set out in the notice of opposition and on additional grounds traversed by Mr Pa’u at the hearing. It is submitted that the application is an abuse of process as it is essentially a duplication of the compliance application filed by the defendant in the Authority and that the appropriate way to deal with the defendant’s concerns is to enforce the Authority’s substantive determination. In addition, it is submitted that the financial position of...

4. [2014] NZEmpC 3 NZ Amalgamated Engineering Printing & Manufacturing Union v Sealed Air (NZ) [pdf, 38 KB]

   ...costs in relation to the proceedings in the Court. [3] I granted the parties’ request by directing the Authority to investigate the matter which the parties’ agreement had effectively reduced to the interpretation issue. Counsel subsequently filed memoranda regarding costs. The plaintiff no longer seeks an award of costs and Mr Lloyd submitted that each party should bear its own costs. In his memorandum, Mr Campbell recorded that the defendant had incurred costs of $18,515 to...

5. Create a fraud and corruption policy [pdf, 96 KB]

   ...investigations will be conducted in a separate procedures document. This should include: • noting that those responsible for investigations should have appropriate levels of independence, objectivity and investigative skill. Evidential and criminal file management requirements and responsibilities should also be clearly spelt out. • outlining key processes for conducting investigations, from initial assessment to full detailed investigations, including reporting to key stakeholders....

6. Taylor v Orcon Ltd (Costs) [2015] NZHRRT 32 [pdf, 51 KB]

   ...inspection would have been beyond Mr Taylor’s ability, leading to substantial unfairness if not delay. See the Minutes issued on 28 January 2015 and 5 February 2015. Similarly, without Ms Taylor’s litigation experience, the witness statement filed by Mr Taylor would not have been detailed, cross-referenced to the exhibits and helpful. It was also likely Mr Taylor would not have assembled the core documents appropriately and presented them in the form of a common bundle of documents....

7. Manuirirangi v Parininihi ki Waitotara Incorporation - Waiokura Te Kauae blocks (2014) 319 Aotea MB 247 (319 AOT 247) [pdf, 211 KB]

   ...lands against its wishes in another party. In that decision I noted that costs were sought by PKW and directed that submissions be made by PKW in the context of costs within 21 days. The applicant Mr Manuirirangi was given a further 21 days to file any response to those submissions. [2] Detailed submissions have now been received. Issue [3] The questions for determination are whether the Court should exercise its discretion to award costs and if so what level of costs should be...

8. Johnstone v Denny LCRO 4 / 2010 (13 April 2010) [pdf, 80 KB]

   ...of living and a loss of financial security. It is clear from all of the evidence that reaching a final settlement was by no means easy, particularly in that the former husband hardened his position as time went on. [21] Having perused the file of the Standards Committee, considered the information provided by the parties for the review and having heard from them, I could find no basis for the complaints. The evidence shows that the Practitioner took all proper steps in perform...

9. O v S LCRO 35 / 2009 (2 June 2009) [pdf, 33 KB]

   ...required to amount to misconduct is not present in this case. 5 Additional matters The counter-claim [18] It was part of Client O’s complaint that due to an error allegedly made by Lawyer S he incurred courts costs of $10,000.00 for late filing of an affidavit. He counter claims this amount against the legal fees. [19] It seems to me that the question of whether or not there is a proper basis for a counter claim in any case is an entirely separate question from whethe...

10. Andrews v Commissioner of Police (Costs) [2014] NZHRRT 31 [pdf, 51 KB]

    ...Disclosure Act 2008, this should not affect the assessment of costs. Mr Andrews stood to gain financial advantage if he succeeded and the Commissioner did not seek out an opportunity to test the points determined by the Tribunal. [5] Mr Andrews has not filed submissions in reply. [6] The delay in delivering this decision is acknowledged and an apology offered to the parties. The regrettable delays occurred because all members of the Tribunal are part- time appointees and despite best e...