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...that he had been unable to write up the books because he was ill and admitted that he should not have certified to the Law Society that the accounts complied with the Society’s rules. [47] The charges against the solicitor were made out and on appeal the Court held that:9 7 B v Medical Council [2005] 3 NZLR 810 (HC) at 811. 8 Re a Solicitor [1972] 2 All ER 811. 9 Above n7 at 815. 9 on the charge of failing to keep th...
...outcome. The Court or the Authority must do so objectively, that is ensuring that they do not substitute their own decisions for those of the fair and reasonable employer in all the circumstances. [50] In considering that assessment, the Court of Appeal in A Ltd v H said:3 [46] It is apparent that the effect of the statute is that there may be a variety of ways of achieving a fair and reasonable result in a particular case. As the Court in Angus observed, the requirement is for...
...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. Review Hearing [32] Mr FE and his lawyer attended a review hearing in [city...
...power to regulate its own procedure (section 49(1)). However, for a professional disciplinary body in contemporary New Zealand to operate without its decisions being available to the public would be a truly exceptional situation. [94] The Court of Appeal in R v Liddell [1995] 1 NZLR 538 at 546 per Cooke P said, in relation to the question of name suppression: [T]he starting point must always be the importance in a democracy of freedom of speech, open judicial proceedings, and the right...
...referred to the Tribunal by the Registrar under section 48: (b) to make decisions as to whether an immigration adviser's licence should be suspended under section 53 pending a final decision in regard to a matter involving a licensee: (c) to hear appeals against— (i) a decision of the Registrar to cancel the licence of an immigration adviser under section 27; or (ii) a determination by the Registrar to reject a complaint under section 45(1)(b) or (c) as not disclosing a gro...
...TAIAO 0 AOTEAROA Court: Hearing: Appearances: Date of Decision: Date of Issue: IN THE MATTER AND AND BETWEEN AND AND Decision No. [2018] NZEnvC S l of the Biosecurity Act 1993 the Resource Management Act 1991 (RMA) of an appeal pursuant to s 291 of the RMA FAR NORTH HOLDINGS LIMITED KERIKERI CRUISING CLUB WHANGAREI HARBOUR MARINE MANAGEMENT TRUST WHANGAROA MARINA MANAGEMENT TRUST RIVERSIDE DRIVE MARINA (2015) LIMITED (ENV-217-AKL-137) Applicants...
...Employment Court Regulations 2000, reg 38(1)(a)-(d). [28] While not referred to in reg 44, it is apparent from reg 37, that disclosure is confined to relevant documents. Relevance is dictated by the pleadings.10 In Airways Corp the Court of Appeal held that the pleadings define the ambit of the proceeding and the issues to which questions of relevance must be related. The Court cautioned that relevance should not be looked at narrowly, but can never be divorced from the is...
...that these principles remain appropriate: Fagotti v Acme & Co Ltd.21 [42] Next, a question which arises in this case is whether Ozone should be regarded as the successful party. Usually, costs follow the event.22 [43] However, the Court of Appeal in Health Waikato Ltd v Elmsly noted that cases where parties have mixed success may be different. [44] The Court noted that it is not necessarily easy to determine who ‘won’ the case, and who would thus be entitled to costs.23...
...recognition of Ella Taurua, as an adopted child of Ngamati Huirua Taurua, those objections cannot outweigh the legal evidence that is now before the Court. 4 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2018 Chief Judge’s MB 122 [23] Consequently I find that the Court made a mistake in fact and in law when it granted the orders for succession made on 16 July 1957 at 31 Bay of Islands MB 265-267. [24] I further conside...
...trustee has failed to carry out the duties of a trustee satisfactorily; or (b) because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [29] In Rameka v Hall, the Court of Appeal set out the relevant legal principles regarding the duties of trustees and applications for removal per s 240 of the Act: 4 [28] The general responsibilities of responsible trustees are set out in s 223 of the Act. That section r...