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1. [2015] NZEmpC 17 ALLWAZE Designs Ltd v Cawthorne [pdf, 112 KB]

   ...papers. In October 2010, the defendant, Ms Alice Cawthorne, was employed by the plaintiff, Allwaze, as a salesperson. She reported to Ms Diana Mill who was the owner of the business. The precise nature of the business is not explained in the pleadings. The Authority's determination records that issues emerged between Ms Cawthorne and Ms Mill about Ms Cawthorne's use of sick leave on two days; her alleged abusive behaviour and the use of profanities in the workplace dir...

2. Evidence Brief: Three strikes law [pdf, 437 KB]

   ...be built and this cost ought to be distributed evenly across all incoming prisoners.xix This makes estimating the actual cost very approximate. The three strikes law may also increase court costs by increasing the frequency of non-guilty pleas on strikeable offences, due to increased penalties for these offences.xx There is also some evidence that the three strikes law may have an influence on parole board decisions causing prisoners to serve greater proportions of their...

3. Real Estate Agents Authority v Wallace [2016] NZREADT 71 [pdf, 118 KB]

   ...charge”). CAC 20001 consented to the application and the proceeding was adjourned sine die, pending resolution of the criminal proceeding. [6] The criminal proceeding was concluded on 3 February 2016, when Ms Wallace was convicted (following a guilty plea) on a charge of theft by a person in a special relationship under ss 220 and 223(a) of the Crimes Act (“the conviction”). Ms Wallace was sentenced to six month’s community detention, 12 month’s supervision, and ordered...

4. CAC 416 v Prasad [2019] NZREADT 17 - Penalty [pdf, 202 KB]

   ...Complaints Assessment Committee (CAC 20009) v Li,17 which (notwithstanding a number of differences) was considered to be the most relevant case for comparison. Mr Li’s licence was suspended for 17 months (after a discount given for an early guilty plea and acknowledgement of wrongdoing) and he was ordered to pay a fine of $10,000. Mr Ganesh’s licence was suspended for 18 months and he was ordered to pay a fine of $5,000. [40] Mr Mortimer also referred to the penalty orders in...

5. Restorative justice: Best practice framework August 2019 [pdf, 1006 KB]

   ...provider assesses the referral The provider assesses if it’s appropriate to begin the restorative justice process. The assessment should be based on whether: • the provider has capacity to accept the case • the offender has entered a guilty plea • all relevant information has been received (including participants’ contact details and the summary of facts) • documentation received as part of the referral indicates it would be appropriate to continue the restorative j...

6. COES - EiC - J R Sullivan (5 Feb 2021) [pdf, 2.4 MB]

   ...officer, and me. But I am frustrated that those charged with the responsibility of making decisions about the river aren’t here, nor those who argue their rights to the river’s water. To know the river, that is the thing. I think of the plea by the NZ Acclimatisation Societies when they applied for a protection order on the Ahuriri River: “The scenic qualities of the Ahuriri cannot be adequately conveyed in words…or photographs,” their application read. “It is hoped tha...

7. ET Ltd v District Council [2021] NZDT 1317 (20 January 2021) [pdf, 224 KB]

   ...but did not do so. CI0301_CIV_DCDT_Order Page 2 of 5 7. Ms I communicated with various people within District Council on the basis that Site 1 had already been allocated to her, and she felt she had been treated unfairly. However, Ms I’s pleas were not successful. 8. As it turned out there was only one expression of interest from another person wishing to run a [redacted]. The Licence to Occupy Site 1 was issued to that person. 9. ETL lodged a claim with the Disputes...

8. W v Secretary for Justice [2023] NZRA 003 (5 May 2023) [pdf, 225 KB]

   ...and the functions of a judge or judge’s clerk on the other. The judge and judge’s clerk are not concerned with such matters as taking instruction from the party represented, deciding what further investigations may be appropriate, preparing pleadings in a civil case (including making decisions on which causes of action or defence may be appropriate and which (if any) should be abandoned), or (again in a civil case) selecting and prosecuting appropriate interlocutory steps such...

9. Canterbury Westland Standards Committee 2 v Mr U [2024] NZLCDT 10 (9 April 2024) [pdf, 118 KB]

   ...private nature of the communications created by Mr Schlooz made them less serious. That is also a factor in this case. [36] The other distinguishing feature found between Orlov and Schlooz was the acceptance of responsibility by way of a guilty plea by Mr Schlooz, whereas Mr Orlov at no time ever acknowledged that his (mis)conduct was inappropriate. [37] Later in his decision, Toogood J held:10 … A starting point of six months' suspension for the most serious cases of t...

10. National Standards Committee 2 v Tingey [2023] NZLCDT 43 (10 October 2023) [pdf, 169 KB]

    ...as the absence of a mitigating feature. 3. Mitigating features [16] Mr Tingey’s acceptance of the most serious conduct, even before the charge was laid, is to his considerable credit. This admission was not just an intimation of a guilty plea. Mr Tingey provided the Standards Committee with a 3-page, 45 point admission document. As it transpired, that document was very closely aligned with the Tribunal’s findings following the disputed facts hearing. Ms Dew conceded that...