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1. National Standards Committee 1 v Gardner-Hopkins [2021] NZLCDT 21 (22 June 2021) [pdf, 360 KB]

   THE NAMES AND IDENTIFYING DETAILS OF THE COMPLAINANTS (INCLUDING K) ARE PERMANENTLY SUPPRESSED. THE NAMES OF ANONYMISED WITNESSES ARE SUPPRESSED PENDING FURTHER ORDER. ORDERS MADE PURSUANT TO S 240 OF THE LAWYERS AND CONVEYANCERS ACT 2006. NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2021] NZLCDT 21 LCDT 022/20 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN NATIONAL STANDARDS COMMITTEE No. 1 Applicant AND JAME

2. Waitangi Tribunal theme G - Public works takings of Māori land [pdf, 1.4 MB]

   ...prime means of pacifying and ‘civilising’ Maori. Although settler governments liked to refer to the imposition of the benefits of English law, in fact the circumstances in which the provisions were applied to Maori land was the antithesis of the careful protections for landowners, the assumption of balanced rights and interests, and careful parliamentary scrutiny that characterised the development of the English provisions. The provisions also reflected a policy of rejecting the major Maori...

3. [2020] NZEmpC 142 Kwik Kiwi Cars Ltd T/A Mark Cromie Motor Group v Crossley [pdf, 308 KB]

   ...reasons.”6 [52] Chief Judge Inglis went on to make the important point that sincerity and/or improper motive must also be assessed in the context of the principles underlying the Convention;7 the statutory provision is intended to ensure that the normal protections available to an employee upon termination of employment should not be circumvented. [53] In Morgan, the presence of redundancy provisions undermined the employer’s claim that a fixed-term provision was justified....

4. Auckland Standards Committee 2 v Burcher, Short and MacDonald [2015] NZLCDT 47 [pdf, 78 KB]

   ...SNC and LNC Rules; failure to provide sufficient written information concerning default action to investors and consequent failure to take into account the advisor instruction of the investors in relation to appropriate default action; failure to protect 7 and promote the interests of the investor clients to the exclusion of the borrower clients in relation to defaults; failure to ensure the clients were advised of a conflict of interest at this point and advised to take inde...

5. Harland v ACC [2012] NZACA 2 [pdf, 62 KB]

   ...March 2007. [2] The appeal was against a review decision dated 20 February 2003 (the review decision), which in turn was against the Corporation’s decision made on 10 March 2003 (the decision), to decline an application for backdated attendant care under s 80(3) of the Accident Compensation Act 1982 (the application). 2 [3] The impetus for the application to reinstate the appeal was my decision in Nee Harland v ACC [2012] NZACA in respect of the appeal filed unde...

6. ENVC speech Harland Environment Law Regulation conf 2012 [pdf, 130 KB]

   ...given process. In other words those who want change are often those unhappy with an outcome that does not meet their expectations. Whilst it would be unprincipled to invoke change to appease a squeaky wheel, it is also necessary to listen very carefully, and to analyse very thoroughly expressed areas of discontent. [4] One of the significant drivers of change at the moment is the argument that we need to improve our economic performance. Resource management matters in their wid...

7. Lee v CAC 10048 & Cho [2012] NZREADT 65 [pdf, 62 KB]

   ...value of the property and she accordingly had an unrealistically high opinion and expectation of the value of her property. The Complaints Assessment Committee found that no written appraisal under rule 9.5 of the Professional Conduct and Client Care Rules was provided and that in failing to do so Mr Cho had engaged in unsatisfactory conduct. In a penalty decision dated 4 November 2011 the Complaints Assessment Committee declined to make an order against Mr Cho other than the finding of...

8. Varela v Devi [2014] NZIACDT 85 (15 September 2014) [pdf, 202 KB]

   ...complaint is one of them) I have determined Ms Devi should be excluded from reapplying for a licence for two years. I explain why I do not consider rehabilitation is realistic. The sanctions relating to Ms Devi’s ability to hold a licence address the protection of the public and desirability of rehabilitation. In determining the imposition of additional sanctions in this case, it is appropriate to have regard to the fact that part of the penalty is to exclude Ms Devi from practising. [...

9. Vikashwarjeet and Devi v Devi [2014] NZIACDT 82 (15 September 2014) [pdf, 203 KB]

   ...complaint is one of them) I have determined Ms Devi should be excluded from reapplying for a licence for two years. I explain why I do not consider rehabilitation is realistic. The sanctions relating to Ms Devi’s ability to hold a licence address the protection of the public and desirability of rehabilitation. In determining the imposition of additional sanctions in this case, it is appropriate to have regard to part of the penalty is to exclude Ms Devi from practising. [15] Each of th...

10. Naidu v Devi [2014] NZIACDT 83 (15 September 2014) [pdf, 203 KB]

    ...complaint is one of them) I have determined Ms Devi should be excluded from reapplying for a licence for two years. I explain why I do not consider rehabilitation is realistic. The sanctions relating to Ms Devi’s ability to hold a licence address the protection of the public and desirability of rehabilitation. In determining the imposition of additional sanctions in this case, it is appropriate to have regard to the fact that part of the penalty is to exclude Ms Devi from practising. [...