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1. [2011] NZEmpC 75 Talbot v NZ Airline Pilots Association Industrial Union of Workers Inc [pdf, 127 KB]

   ...is neither at risk of sanction nor otherwise prejudiced. Whilst that is strictly correct, I do not consider that it would be just to dismiss the challenge out of hand and otherwise than on its merits for the following reasons. [4] That is a plea that was apparently advanced by the Union before the Employment Relations Authority but was rejected by it, albeit without written reasons. It is not difficult to understand why the Union might be keen to have its Rules interpreted and c...

2. McGregor v Hutcheson - Porongahau 1B4'O'2 Trust (2015) 43 Tākitimu MB 15 (43 TKT 15) [pdf, 326 KB]

   ...of the trustee’s performance was essential when applying s 240. [19] I adopt the approach set out in Rameka and Apatu. Discussion [20] As foreshadowed on 16 December 2010 Judge Davis issued sentencing notes following Mr Hutcheson guilty pleas to two charges of receiving the sum of $15,243.75 (total of $30,487.50) in terms that he knew required him to account to the Mangamaire B2 Trust. The funds were properly payable to the Mangamaire B2 Trust but as foreshadowed they were...

3. Restorative Justice: Reoffending Analysis for cases 2008 - 2011 [pdf, 651 KB]

   ...study compared 2,323 conferenced offenders with 6,718 matched offenders. 3 Offenders in the study included those who:  had been charged with an imprisonable offence involving a victim  were aged 17 or over  entered a guilty plea  did not receive a custodial sentence,1 and  were charged in a district court from which referrals were received by restorative justice providers included in the study. The measures of reoffending used in this study were frequ...

4. LCRO 77/2020 MP v RJ (30 July 2020) [pdf, 194 KB]

   ...of a judicial settlement conference, Mr MP returns by a direct route, to an issue he had raised in his first complaint. [44] I agree with the Committee that statements made at a settlement conference are privileged. [45] Mr MP makes forceful plea that it is “incredible that the legal profession and the law tolerate opponents writing lies in “will say” statements and telling lies in front of a judge in a judicial settlement conference situation. This appears to me to be fund...

5. [2020] NZEmpC 160 Van Kleef v Alliance Group Ltd [pdf, 271 KB]

   ...Zealand Ltd [2004] 1 ERNZ 614 (EmpC). 12 Privilege for communications with legal advisors under s 54 of the Evidence Act 2006: privilege for preparatory materials for proceedings under s 56; and privilege for settlement negotiations, mediation, or plea discussions under s 57. Part 2: Ms van Kleef raised an issue as to the groupings of documents in Part 2. Mr Cowan said Part 2 had been prepared under r 8.61(2) of the High Court Rules. He has, however, agreed to file a m...

6. Lewis v New Zealand Law Society [2018] NZLCDT 33 [pdf, 243 KB]

   ...clients; • Your lack of understanding and insight regarding the competency issues; and • You had no appreciation of the need to change, or how to change your practice to address these issues.” Disciplinary History 1. In 2004 Ms Lewis pleaded guilty to three charges of misconduct which directly related to professional competence on three files. While it would seem, with hindsight, that Ms Lewis was disadvantaged by her employment situation, and that her employer’s involv...

7. Laboyrie v The Real Estate Agents Authority (CAC 403) and Prout [2018] NZREADT 36 [pdf, 557 KB]

   ...estoppel which will now be briefly considered. [27] The requirements of the estoppel are set out in the following extract from the Laws of New Zealand: 20. Issue estoppel. An estoppel which has come to be known as issue estoppel may arise where a plea of res judicata to a cause of action could not be established because the causes of action are not the same.1 Under issue estoppel, a party is precluded from contending the contrary of any precise point which, having once been distin...

8. [2021] NZREADT 46 - Tapu (23 August 2021) [pdf, 270 KB]

   ...Prasad v Real Estate Agents Authority (CAC 416) [2020] NZHC 335. 17 Real Estate Agents Authority (CAC 20005) v Cui [2015] NZREADT 23. 18 Complaint No CO6032 re Robson “Decision on Orders”, 14 May 2015. [28] In Cartwright, the licensee pleaded guilty to one charge of misconduct under s 73(b) of the Act. He marketed a property for sale by tender, and did not disclose to the successful tenderer that a prior tender (which had been accepted by the vendor) had not proceeded beca...

9. LA Provider Manual Part 1 Approvals - December 2018 [pdf, 1.1 MB]

   ...this will be considered as a new application for approval. Reference: Regulation 7 Conditions on approval As well as the criteria for approval as a lead or other provider, the Secretary may impose conditions on an approval to provide services. Please refer to conditions on approval, for further information on the types of conditions the Secretary can approve. All supervised provider approvals will be subject to a condition imposed by the Secretary. Reference: Section 77(2) and (3)(...

10. OIA-107459.pdf [pdf, 1.3 MB]

    ...case manager at District Courts. Also, I ask whether these same job descriptions apply at the High Court 2. Can I ask for a copy of the curriculum vitae of the officials in any of these positions. In response to the first part of your request, please find attached to this letter the job descriptions for: • Service Manager for District Courts (Courts and Tribunals Regional Service Delivery) • Caseflow Manager in the High Courts, which is the equivalent position of a Service...