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1. [2014] NZEmpC 209 McLennan v New Zealand Post Ltd [pdf, 161 KB]

   ...and extent of the remedy of reinstatement. At the heart of this matter were safety issues and the Court should be slow in reaching a different conclusion to that of the employer on safety issues. … [48] The situation in Villegas related to negligent use of a fork-hoist. Several breaches were established. The employer considered that when these were considered cumulatively they demonstrated a lack of concern for safety and led to its decision to dismiss.

2. LCRO 144/2016 QT v UF (24 August 2018) [pdf, 245 KB]

   ...circumstances of this review Mr QT has been found by the Committee to have contravened rr 6 and 6.1, which emphasises that obligation and duty by prohibiting a lawyer from acting: for more than 1 client in any circumstances where there is a more than negligible risk that the lawyer may be unable to discharge the obligations owed to one or more of the clients. (b) Discussion [80] The maximum fine available under the Act is $15,000.21 Although in setting a penalty for Mr QT’s c...

3. [2021] NZEnvC 160 Auckland Council [pdf, 609 KB]

   ...I410.11.1 text that PC46 was overlaid on and the operative text of the Appendix as amended by PC4 are minor and administrative in nature.35 [20] In terms of the actual effect of the non-compliances, the Council submitted in this case it is negligible. That is because of the nature of the changes PC4 made to 31 Amended application dated 5 October 2021 at [5]. 32 Memorandum dated 9 September 2021 at [26]. 33 Re Ashburton District Council [2012] NZEnvC 188 at [11]. 34 Memoran...

4. [2021] NZEnvC 160 Auckland Council [pdf, 609 KB]

   ...I410.11.1 text that PC46 was overlaid on and the operative text of the Appendix as amended by PC4 are minor and administrative in nature.35 [20] In terms of the actual effect of the non-compliances, the Council submitted in this case it is negligible. That is because of the nature of the changes PC4 made to 31 Amended application dated 5 October 2021 at [5]. 32 Memorandum dated 9 September 2021 at [26]. 33 Re Ashburton District Council [2012] NZEnvC 188 at [11]. 34 Memoran...

5. CAC20006 v Spencer [2013] NZREADT 8 [pdf, 95 KB]

   ...charges the defendant with misconduct under s 73(b) of the Act, in that his conduct relating to the potential purchase by Mr Bert van Vliet and Ms Beverley Callaghan of Lot 44, 40 Alderton Drive, Kerikeri, constituted seriously incompetent or seriously negligent real estate agency work. Particulars: (a) Failing to accurately communicate to the vendor the offer made by Mr van Vliet and Ms Callaghan. (b) Misrepresenting the vendor’s acceptance of the offer. (c) Failing to ob...

6. Children and young people with charges finalised in any court June 2019 [xlsx, 266 KB]

   ...02: Acts intended to cause injury 1,551 1,395 1,395 1,224 966 873 900 1,020 843 738 10% 10% 10% 11% 9% 10% 10% 10% 10% 9% 03: Sexual assault and related offences 213 147 216 258 174 129 246 180 189 192 1% 1% 2% 2% 2% 1% 3% 2% 2% 2% 04: Dangerous or negligent acts endangering persons 858 621 453 330 294 270 279 315 342 303 5% 4% 3% 3% 3% 3% 3% 3% 4% 4% 05: Abduction, harassment and other offences against the person 273 276 249 234 183 195 201 195 159 165 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 06: Ro...

7. Children and young people with charges finalised in the Youth Court June 2019 [xlsx, 256 KB]

   ...02: Acts intended to cause injury 1,464 1,344 1,335 1,167 921 849 885 996 828 708 10% 10% 11% 11% 10% 10% 10% 11% 10% 9% 03: Sexual assault and related offences 153 117 162 204 141 105 201 141 156 162 1% 1% 1% 2% 1% 1% 2% 2% 2% 2% 04: Dangerous or negligent acts endangering persons 480 393 291 228 219 219 237 270 306 276 3% 3% 2% 2% 2% 3% 3% 3% 4% 4% 05: Abduction, harassment and other offences against the person 258 267 237 222 177 189 198 189 153 159 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 06: Rob...

8. BX v FN Ltd [2018] NZDT 1505 (11 July 2018) [pdf, 208 KB]

   ...caused by some other instance of negligence in the way FN Ltd loaded, secured, or unloaded the goods. 11. In fact, there is no evidence that anything happened during carriage that was outside FN Ltd’s control, such as an earthquake or another vehicle colliding with the truck, so it is most likely that the damage was caused by FN Ltd’s negligence. 12. Clause 1 of FN Ltd’s terms and conditions specified, “All the items should be properly wrapped and packed by the customers since...

9. Three strikes offences June 2020 [xlsx, 113 KB]

   ...02: Acts intended to cause injury 126 318 345 274 329 325 395 373 361 329 25% 29% 25% 21% 26% 24% 26% 25% 26% 27% 03: Sexual assault and related offences 151 350 546 536 501 517 522 594 508 439 29% 31% 39% 41% 40% 38% 35% 40% 36% 37% 04: Dangerous or negligent acts endangering persons - - - - - - - - - - - - - - - - - - - - 05: Abduction, harassment and other offences against the person 19 23 51 49 41 44 69 53 67 51 4% 2% 4% 4% 3% 3% 5% 4% 5% 4% 06: Robbery, extortion and related offences...

10. People discharged without conviction June 2019 [xlsx, 208 KB]

    ...is due to changes in offence categorisation for 'driving causing death' offences. Prior to mid-2012 there were several offences which included 'driving causing death or injury', which were categorised in division 04: Dangerous or negligent acts endangering persons. When these offences were replaced with separate offences for 'driving causing death' and 'driving causing injury', the new 'driving causing death' offences were categorised in 01: Hom...