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1. BORA Regulatory Systems (Workforce) Amendment Bill [pdf, 275 KB]

   ...7. Part 2 amends the Holidays Act 2003 to clarify that penalties for failure to comply with provisions of that Act apply to persons who are involved in the failure to comply as well as employers. 8. Part 3 amends the Parental Leave and Employment Protection Act 1987. It extends the definition of ‘primary carer’ to include a spouse or partner who takes on permanent primary responsibility for the care, development and upbringing of a child under 12 months old, in situations where the b...

2. Revictimisation-Policy-brief.pdf [pdf, 277 KB]

   ...complex needs These findings indicate that people who are at higher risk of poly-victimisation have complex needs. A more nuanced understanding of how characteristics intersect to increase risk can help service providers and policymakers reach and protect crime victims. We recommend early identification of people at risk of becoming poly-victims through a multi-agency approach, using targeted support to reduce vulnerability to re-victimisation. Screening questions at services like victim...

3. Otago Standards Committee No. 1 v Zhao [2016] NZLCDT 22 [pdf, 115 KB]

   ...up the movement of funds and ensure compliance at the time of billing, that is, that this was not an isolated or unusual occurrence. He did not seem to be troubled by the fact that while the funds were in his personal account, they lacked the protection afforded by the strict provisions of the trust account regime. 24 [81] The regulations and rules surrounding the handling of client funds are in place for important protective purposes. Compliance is a fundamental obligati...

4. Auckland Standards Committee 2 v Holland [2022] NZLCDT 9 (3 March 2022) [pdf, 216 KB]

   ...wilfully or recklessly disregarding her obligations to comply with a formal s 147 notice in relation to investigation of this matter. On that charge she was censured and suspended from practising for four months. We are satisfied and have been careful to ensure that the current charge does not duplicate the previous charge and findings. We note though, that Ms Holland expressly sought that the Tribunal have before it and consider her evidence in the earlier proceedings. On that...

5. Director of Proceedings v Nelson [2013] NZHRRT 38 [pdf, 275 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 38 Reference No. HRRT 026/2012 UNDER SECTION 50 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN DIRECTOR OF PROCEEDINGS PLAINTIFF AND RUTH NELSON DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson Ms K Anderson, Member Ms WV Gilchrist, Member REPRESENTATION: Mr A Martin, Director of Proceedings, Plaintiff and Ms H Cook Mr AC Beck for de

6. Recommendations Recap Issue 17 [pdf, 562 KB]

   Recommendations Recap A summary of coronial recommendations and comments made between 1 July and 30 September 2018 Office of the Chief Coroner | 2018 (3) i Coroners’ recommendations and comments Coroners perform essential functions within our society. They inquire into a range of unexpected deaths to establish the identity of the person who has died and the cause and circumstances of their death. While inquiring into a de

7. Chapman v Western Bay of Plenty District Council [pdf, 364 KB]

   ...Mr Hodgson, a building surveyor, acted as engineer for the remedial work to be done. He obtained a schedule of quantities and estimates for the work, appointed a builder, and supervised the remedial work. During such remedial work, Mr Hodgson carefully maintained a full record of the repairs, which included a photographic record, and usefully listed the defects in his evidence. With this list, Mr Hodgson found that not all the defects he listed had actually caused damage. [5...

8. Appeal Against Penalty Olde-Olthof & Anor v REAA CAC 20005 & Anor [2014] NZREADT 37 [pdf, 70 KB]

   ...that the customer can seek expert advice if the customer so chooses.” General Principles [13] We agree with counsel for the Authority that decisions of industry disciplinary tribunals should emphasise the maintenance of high standards and the protection of the public (through both specific and general deterrence). While this may mean that orders made in disciplinary proceedings have a punitive effect, this is not their purpose – Z v CAC [2009] 1 NZLR 1 at [97]. As McGrath J said...

9. Moctezuma v Chase-Seymour [2013] NZIACDT 40 (26 June 2013) [pdf, 152 KB]

   ...Tribunal is required to weigh the public interest against Ms Chase- Seymour’s interests. [59] When dealing with integrity issues there is never any certainty that, short of exclusion from a profession, a person will not reoffend. This Tribunal must carefully weigh the circumstances. It is appropriate to place an element of considered trust in a practitioner who has shown the capacity and willingness to rehabilitate. [60] A significant factor in this case is that it involves dishonesty...

10. LCRO 38-2015 PF v MF [pdf, 222 KB]

    ...382/2013 (30 June 2017) at [77]–[79]. 13 [52] It goes without saying that this email would have caused unnecessary embarrassment, distress, or inconvenience to Mr T’s reputation, interests or occupation. [53] In short, Ms GG should have carefully advised her client against expressing her terms for settlement terms in that way. She should have explained the potential dangers of doing so, both for her client and for herself. And, most certainly, she ought not to have se...