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1. Auckland Standards Committee v Morahan [2015] NZLCDT 35 [pdf, 31 KB]

   ...individual complaints. What are relevant are the respondent’s responses to the complaints of 2011, 2014, and 2015 and to these charges including his submissions on penalty which we will discuss later in this decision. [12] The respondent made a plea to the Tribunal that it should not suspend him from practice. He said that he had no intention to breach the Intervention Rule while accepting that his arrangements with Mr Thompson were too casual. At the hearing before us he emo...

2. Auckland Standards Committee v Davidson [2013] NZLCDT 14 [pdf, 69 KB]

   ...further offences under the same section of the Act that between 21 December 2006 and 6 July 2007 when a Director of Bridgecorp Limited and Bridgecorp Investments Limited that you distributed advertisements which included untrue statements. Your pleas of guilty were entered on the basis, that your conduct in this matter was unreasonable but that you were not in fact dishonest and you have categorised your involvement in these matters as the actions of a naïve man trusting those who sho...

3. Canterbury District Law Society v Horne [2009] NZLCDT 4 [pdf, 75 KB]

   ...is that this practitioner takes pride in never having made a claim and sought to right the situation with the lender without recourse to insurers or other parties. [9] In terms of mitigating features, firstly, there is the entry of a guilty plea or acknowledgement of this charge at the earliest date and his response, in our view, to the complaint does Mr Horne credit. He repaid the $50,000 to his client within a month, he has not been refunded by the client and it may be diffic...

4. Auckland Standards Committee 2 v Mason [2020] NZLCDT 38 (1 December 2020) [pdf, 87 KB]

   ...or fewer previous adverse disciplinary findings may result in a censure and fine,1 we do not accept that the current charges could appropriately be dealt short of a period of suspension unless there were strong reasons otherwise. Mr Jackson’s plea that we treat these as a “washup” of what was effectively dealt with in February 2019 does not address the different character of this charge. It is fair to ask what extra suspension may have been given had this charge been dealt w...

5. [2020] NZEmpC 238 Neil v New Zealand Nurses Organisation [pdf, 211 KB]

   ...MAHI O AOTEAROA TĀMAKI MAKAURAU [2020] NZEmpC 238 EMPC 191/2020 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application to strike out part of the pleadings BETWEEN ANGELA NEIL First Plaintiff AND TINA WEST Second Plaintiff AND NEW ZEALAND NURSES ORGANISATION Defendant Hearing: On the papers Appearances: A Halse and Dr J Bishop,...

6. DH v Secretary for Justice [2021] NZRA 002 (3 May 2021) [pdf, 168 KB]

   ...Confidence was expressed in DH’s ability; [vii] That she has been engaged for the past 3 years in managing a file involving multiple high value burglaries including the highly publicised [redacted]. She has taken the matter from initial plea, then Case Review, 2 pre-trial hearings, bail and EM bail hearings, handling disclosure and liaising with the Crown. The matter was originally assigned to her, but reassigned to her employer upon Jury Trial election. She conducted a...

7. [2020] NZEnvC 004 Southland Regional Council v Hardegger Trustees Limited [pdf, 326 KB]

   ...Act. [2] The contract milker received an infringement notice to the amount of $750, which he paid. The respondent and its director, Mr Adolf Pius Hardegger, were charged under s 338(1)(a) for contravening s 15(1)(b). They both entered not-guilty pleas and elected trial by jury. The Crown decided to proceed only against Mr Hardegger, who is one of only two directors of the respondent company and has a significant stake in it. [3] An application was made to dismiss the charge agains...

8. Canterbury Westland Standards Committee 2 v Healy [2020] NZLCDT 4 [pdf, 106 KB]

   ...Conveyancers Act 2006 (the Act), that he has been convicted of an offence punishable by imprisonment and the conviction tends to bring his profession into disrepute. [2] The conviction was entered at the Royal Court of Jersey following a guilty plea by the practitioner on 21 December 2018. It was of a charge of grave and criminal assault, following which the practitioner was sentenced (and has served) 180 hours of community service, ordered to pay compensation to the victim of £...

9. MI & ZM v B Ltd [2024] NZDT 435 (12 June 2024) [pdf, 195 KB]

   ...$498.31 does not entitle them to claim that amount from B Ltd. I am satisfied as to the veracity of B Ltd’s evidence which shows the refund was made on 19 June 2023 even though ZM does not believe it is valid. 12. ZM has put forward a heartfelt plea for an award of emotional damages, explaining the significant impact the events at airport check-in had on her mother and her whole family. I do not doubt what she has said. However, as I explained at the hearing, financial compensation...

10. Auckland Standards Committee v Fendall [2012] NZLCDT 1 [pdf, 92 KB]

    ...the subject of the charge occurred during the period February 2005 to September 2007, when the Law Practitioners Act was in force, some provisions of that Act apply in respect of the charge, under the transitional provisions of LCA.1 [3] Ms Fendall pleaded guilty to the charge of misconduct, and the Tribunal convened in Auckland on 31 January 2012 to hear submissions on penalty, costs, and suppression. This decision records the oral decision given at the hearing regarding suppression an...