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1. [2015] NZEmpC 201 Owen v CE of the Department of Corrections [pdf, 174 KB]

   ...put to her in writing. Her evidence would in the circumstances need to be considered under the Authority’s equity and good conscience provision. 12 The Department was now in the position of potentially relying on evidence given by Ms B on affidavit; the fact that formal cross-examination of her at the investigation meeting was no longer possible was more likely to prejudice the Department’s case rather than that of Ms Owen. This would also have been the case if it had bee...

2. [2014] NZEmpC 236 Lyttelton Port Co Ltd v Rail Maritime Transport Union Inc [pdf, 119 KB]

   ...factors to which I have referred into account, I conclude that the overall justice of this case requires the application for interim injunction to be declined. Conclusion [64] The application is dismissed; I reserve costs. [65] Mr Monk’s affidavit stated that LPC would be making arrangements to try to address the areas of disagreement about risk. I requested further information about this; a memorandum was accordingly filed on behalf of LPC earlier today. I am advised tha...

3. Mason v REAA [2013] NZREADT 7 [pdf, 66 KB]

   ...applicant emphasised that the applicant made no secret of his convictions and included a copy of his previous convictions with his application. [45] Counsel also stresses that the applicant’s referees, Messrs McGuigan and Croucher, have both sworn affidavits in which they each confirm that, notwithstanding the applicant’s convictions, they consider him to be a suitable person to hold a Real Estate Agents licence. [46] It is also emphasised that Mr Mason’s conviction in 2006 wa...

4. Mr X v CAC10026 & Mr C [2012] NZREADT 42 [pdf, 151 KB]

   ...commentary goes on to note that the essential elements of disciplinary action under rule 13.8 are that a 5 conflict of interest has arisen and that the full nature of the conflict has not been disclosed. 3.10 The appellant has filed affidavit evidence from persons with real estate industry knowledge and experience in support of his appeal, to the effect that property swaps were standard in the industry in 2006 and did not, in their view, represent a conflict. It is submit...

5. Holmes v Commissioner of Police [2012] NZHRRT 17 [pdf, 80 KB]

   ...Commission [2008] NZHRRT 8 and NG v Commissioner of Police [2010] NZHRRT 16, the opening submissions of Ms Russell were received in open hearing. So too was the evidence of Ms Rendall, a legal adviser employed by the New Zealand Police, in that her affidavit sworn on 18 October 2011 was read and received in open hearing. However, once the hearing reached the point where it was necessary for the Tribunal to see the withheld information itself the hearing was closed to all except for coun...

6. Hawkes Bay Standards Committee v Clarkson [2012] NZLCDT 37 [pdf, 73 KB]

   ...orders. It was only when she was served with the charges now before us that she realised her appeal had not been lodged, she said. We have some difficulty reconciling that position with the established facts. 10 [28] For example, the affidavits filed with the Tribunal show that Ms Clarkson completed a practice report in late December 2008, some 3 months after the orders had been made against her by HBLPDT. She communicated with the Standards Committee at that time regardi...

7. AF v BN LCRO 166 / 2011 (25 July 2013) [pdf, 144 KB]

   ...cases where he personally has been guilty of misconduct, but extends to a case where his managing clerk, to whom he has trusted the necessary work, is guilty of misconduct, as, for example, in the preparation and filing of incorrect and inadequate affidavits of documents. This case related to an Order for costs being made against the lawyer, rather than disciplinary proceedings, but the principle involved related to whether or not the solicitor had properly supervised the clerk. Th...

8. GN v HJ LCRO 30/2015 (22 June 2016) [pdf, 69 KB]

   ...taken, and to consider instructing other lawyers. He recorded Ms GN being “very quick to respond on that point, and to advise she had every confidence in LM and I to act in her best interests, with diligence and skill”. The lawyers drafted an affidavit in support of Ms GN’s application for temporary protection orders and associated relief against her partner. [19] Ms GN had seen a psychotherapist twice by 20 July 2013 and told Ms LM in an email that “I now understand I can’t...

9. Director of Human Rights Proceedings [NKR] v Accident Compensation Corporation (Strike-Out Application) [2014] NZHRRT 1 [pdf, 91 KB]

   ...always possible to publish decisions timeously. THE EVIDENCE [5] Before addressing the statutory provisions relevant to the jurisdiction challenge it is necessary to provide an overview of the uncontested evidence produced by ACC in the form of an affidavit by Ms M Henderson, Manager Government Services, ACC, Wellington whose responsibilities include signing correspondence to the Privacy Commissioner in relation to complaints under the Privacy Act. To a large degree the issues between...

10. AJ v ZQ LCRO 134 / 2010 (7 February 2011) [pdf, 139 KB]

    ...[52] The Respondent’s recall is uncertain, and this is not assisted by the fact that she would (not unnaturally) have had some difficulty in comprehending the issues being presented by Ms W. [53] Both Ms W and the Applicant have provided affidavits to the effect that they are satisfied that they were instructed by the Respondent to proceed with the settlement, knowing that this would result in the disputed funds being retained. The Applicant also advises that the Respondent...