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1. CAC10056 v Ferguson [2013] NZREADT 5 [pdf, 83 KB]

   ...disturbing part of the context is that the McGrorys had come to trust the licensee over dealing with him. Even if we could be satisfied that there was no dishonest intent over this lack of appraisal situation, and in the absence of evidence for the defence we cannot be so satisfied, there would be reckless conduct and, hence, misconduct. [50] In terms of the Charge and Offence 3, where the Defendant did not provide a vendor with a $500 travel voucher as promised, it is concerning that...

2. TG v Standards Committee LCRO 205/2014 (30 June 2014) [pdf, 359 KB]

   ...intentionally or with disrespect to Judge EJ”.14 He referred to an affidavit he understood the Judge had sworn traversing matters on the day which had not been provided to the Committee or to him. He considered the affidavit may have assisted in his defence, although at the review hearing Mr TG’s counsel indicated he considered the affidavit would be likely to add little beyond the Judge’s opinion of Mr TG’s conduct. Given his complaint, this was unlikely to be helpful to...

3. Trustees of the Maungatautari 4G Section IV Trust v Maungatautari Ecological Island Trust - Maungatautari No 4G Sec IV [2015] Māori Appellate Court MB 634 (2015 APPEAL 634) [pdf, 314 KB]

   ...of any charge”, it was stated that the issue “... would depend upon an examination of a number of considerations, including the actual terms unon which counsel agreed to do the work…” (emphasis added). In Wentworth itself, the following statement appears (p 417): “The various meanings which the expression pro bono may have in practice illustrate the need for there to be evidence of the precise terms of the retainer of counsel and solicitors who are acting in this way”....

4. Auckland Standards Committee 3 v PL [2016] NZLCDT 6 [pdf, 114 KB]

   ...that the Joint Venture was proceeding. [76] Third. The management of the litigation passed to O who was well qualified to undertake the task of completing discovery. His evidence was also honest and straightforward. There was no contest to his statement that he had no knowledge of the Joint Venture at the relevant times and did not become aware of it until after the completion of the litigation. It follows that the respondent did not inform him of the Joint Venture (or even the...

5. Eppanapally v Zhou [2014] NZIACDT 118 (28 November 2014) [pdf, 229 KB]

   ...at the standard of proof required for a finding of dishonesty, that Ms Zhou was well aware of Mr Martin’s conduct and they acted together to cover up her professional failings. [57] The oral hearing was an opportunity for Ms Zhou to present her defence to that potential finding. [58] Ms Zhou’s answer is essentially that she naively thought her duties as an employee exempted her from taking the steps outlined above in paragraph [48]; she could not take those steps as Mr Martin was...

6. Naidu v Royal Australasian College of Surgeons [2018] NZHRRT 23 [pdf, 252 KB]

   ...self-belief. He wanted to know why he had done so badly. He felt RACS had failed to respect its own internal rules and procedures for the processing of applications under the SET programme. Remedies sought [21] The remedies originally sought in the statement of claim were: [21.1] A declaration of interference with privacy. [21.2] A declaration that RACS would not repeat the behaviour which caused the interference. [21.3] An order that RACS provide the requested information, in...

7. 2017 Cabinet Paper updating progress on the Ministerial Group family violence work programme [pdf, 259 KB]

   ...or Degrading Treatment or Punishment and the Convention on the Rights of Persons with Disabilities Legislative Implications 91 This paper has no legislative implications. Regulatory Impact Analysis 92 A regulatory impact or compliance cost statement is not required. Gender Implications 93 Family violence and sexual violence has a greater overall impact on women, compared to men. Men are more likely to be serious perpetrators of family violence, while women are more likely to s...

8. Hauiti v Tamati - Puhunga A7D1 (2017) 68 Tairawhiti MB 100 (68 TRW 100) [pdf, 334 KB]

   ...subsequently referred to Chambers for directions. On 9 March 2016, I issued directions noting that an injunction was needed but so was an order per s 20 of the Act. I directed the case manager to advise the applicants to seek legal assistance. [11] A statement of defence was subsequently filed by counsel for Emma Tamati denying the allegations of trespass and causing injury to the block. [12] On 3 June 2016, the case manager sought further directions from the Court noting that t...

9. Complaints Assessment Comittee 404 v Hawkins [2017] NZREADT 16 [pdf, 214 KB]

   ...named FFT as vendor. The identification of Tremains as selling agents in the “Sale By” box was crossed out and the crossing out was initialled by Ms Mardon, and by two signatories on behalf of the vendor. Ms Mardon said in her written statement of evidence that when she entered into the contract she understood that the sale was a private sale, and she assumed that Mr Hawkins had an arrangement with Tremains for this to happen. In her oral evidence she said she had assume...

10. LCRO 151/2016 and 157/2016 NS v TD and TD v NS (27 September 2018) [pdf, 325 KB]

    ...the fact of his former representation of her. Mr TD’s application for review [31] In his review application lodged on 6 July 2016, Mr TD seeks the reversal of the finding of unsatisfactory conduct made against him. [32] He submits that the statement he reported from the meeting was “central to the upheld complaint” he had made of conflict of interest. It is correct to say that the Committee used that very material when finding unsatisfactory conduct by Mr NS. [33] Beyond...