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1. National Standards Committee v Denham [2017] NZLCDT 10 [pdf, 96 KB]

   ...of bad faith and abuse of process. [72] We have reminded ourselves that the Tribunal cannot rely on these determinations as proof of facts in issue before us, and that we must make our own enquiries. We refer to the judgment of the Court of Appeal in Deliu:9 “First, as Mr Morgan QC points out in his submissions for the Committee, the question whether judgments can be used as evidence in disciplinary hearings depends on the use the judgments are being put to in the particular case....

2. [2018] NZEmpC 45 Performance Cleaners All Property Services Wellington Ltd v Chinan [pdf, 427 KB]

   ...30 Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 (CA) at [48]. 31 Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172 (CA), at [35]-[39]. [88] I accept Ms Buckett’s submission that the Court of Appeal in Blue Star Print Group (NZ) Ltd v Mitchell provides a helpful description of the applicable principles when considering Calderbank offers.32 In short, such an offer should not be unreasonably rejected, and a “steely approach” is

3. Evidence Brief: Supervision and Intensive Supervision [pdf, 370 KB]

   ...community-control sanctions to society’s belief that threats of punishment and enhanced surveillance were key to deterring crime. In SUPERVISION & INTENSIVE SUPERVISION: EVIDENCE BRIEF – OCT 2017. PAGE 11 of 15 addition, supervision sentences appealed to both sides of the political spectrum; liberals were drawn to the concept of reducing incarceration and conservatives were drawn to the cost-effectiveness. CURRENT INVESTMENT IN NEW ZEALAND Both supervision and...

4. [2016] NZEmpC 100 Secretary for Education v NZ Educational Institute Te Riu Roa [pdf, 209 KB]

   ...11 Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trades Unions Inc [2010] NZCA 317, [2010] ERNZ 317 at [36] – [37]. 12 Air New Zealand Ltd v New Zealand Airline Pilots Assoc Inc [2016] NZCA 131, [2016] 2 NZLR 829; leave to appeal this decision to the Supreme Court on an issue of jurisdiction has been granted: New Zealand Airline Pilots Assoc Inc v Air New Zealand Ltd [2016] NZSC 84. 13 New Zealand Professional Firefighters Union v New Zealand Fire Service Com...

5. Ram v Tan [2016] NZIACDT 39 (9 August 2016) [pdf, 207 KB]

   ...there can be no complaint if the Tribunal draws the unfavourable evidentiary inference which absence from the witness box commonly attracts. [25] In Ithaca (Custodians) Ltd v Perry Corporation [2004] 1 NZLR 731 (CA) at [153]-[154], the Court of Appeal considered what inferences may be drawn from the absence of witnesses. The Court observed: The absence of evidence, including the failure of a party to call a witness, in some circumstances may allow an inference that the missing evidence...

6. BORA Criminal Record (Expungement of Convictions for Historical Homosexual Offences) Bill [pdf, 8.6 MB]

   ...of legal proceedings commenced before the commence- ment of this Act; or (b) the commencing of legal proceedings on or after the commencement of this Act. (2) However, proceedings in subclause (1)(a) or (b) decided (at fast instance, or on any appeal) on or after the commencement of this Act must be decided sub- ject to this Act (including section 21 (no entitlement to compensation)). (3) This clause applies even if, and to the extent that, the proceedings concerned are amended befo...

7. Noble - Estate of Rameka Korewha Ngamanu [2019] Chief Judge's MB 132 (2019 CJ 132) [pdf, 429 KB]

   ...April 1981 at 12 Auckland MB 162 in relation to succession to Rameka Korewha Ngamanu was erroneous in 2 [2009] Chief Judge’s MB 209-225 (2009 CJ 209). 3 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167). 2019 Chief Judge’s MB 149 fact or in law because of any mistake or omission on the part of the Court or in the presentation of the facts of the case to the Court? and if so is it necessary in the interests of justice...

8. CAC 414 & 416 v Tafilipepe [2019 ] NZREADT 13 (10 May 2019) [pdf, 332 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2019] NZREADT 13 READT 023/17 IN THE MATTER OF Charges laid under s 91 of the Real Estate Agents Act 2008 BROUGHT BY COMPLAINTS ASSESSMENT COMMITTEE 414 AGAINST SONIA TAFILIPEPE Defendant READT 043/18 IN THE MATTER OF Charges laid under s 91 of the Real Estate Agents Act 2008 BROUGHT BY COMPLAINTS ASSESSMENT COMMITTEE 416 AGAINST SONIA TAFILIPEPE Defendant

9. Legal Aid Family Proceedings Steps [pdf, 632 KB]

   ...application for legal aid (and amendment to grant if expecting to exceed the guideline hours for this step) • Reporting to and invoicing for Legal Aid Repeat within 4 months up to 4 hours Repeat within 18 months up to 4.5 hours Step 8: Appeal from Review Tribunal Step Grant Guideline Hours Activities normally covered by Guideline Hours New instructions up to 3 hours For • Receiving initial instructions and identifying legal and factual issues • Preparing application...

10. Complaints Assessment Committee 416 v Prasad [2019] NZREADT 001 [pdf, 251 KB]

    ...be determined on the papers. The Tribunal has set aside 27-29 March 2019 for a penalty hearing, if one is required. [94] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. _________________ Hon P J Andrews Chairperson _________________ Ms N Dangen Member _____________...