Search Results

1. FINAL-2021-Research-Memorandum-Witness-Familiarisation.pdf [pdf, 300 KB]

   ...https://doi.org/10.2202/1554 7 United Kingdom 19. In the United Kingdom, two leading cases on the permissible bounds of witness preparation are R v Salisbury14 and R v Momodou15. In Salisbury, a nurse was convicted of attempting to murder patients in her care. The prosecution had called a number of witnesses who had attended a witness training course arranged by their employer, the mid-Cheshire NSH Hospital Trust. The trial judge (who was upheld by the Court of Appeal) allowe...

2. LCRO 72/2022 ND v TC and MB ( [pdf, 244 KB]

   ...statement prepared and forwarded to him on that day. [30] Mr TC says that “at all times in my firm and in particular, Principal, Mr TC and Associate, Mr MB, have acted in accordance with our obligations under the lawyers Conduct and Client Care Rules 2008”. The Standards Committee determination [31] The Standards Committee identified the following issues for consideration:9 (a) Whether Messrs TC and MB acted in a competent and timely manner, as required by [r] 3 of the [La...

3. [2012] NZEmpC 97 Doran v Crest Commercial Cleaning Ltd [pdf, 224 KB]

   ...Kiely and Mere King, counsel for the defendant Judgment: 21 June 2012 JUDGMENT OF THE FULL COURT [1] Part 6A of the Employment Relations Act 2000 (the Act) came into force on 1 December 2004 1 . Its stated object 2 is to “provide protection to specified categories of employees if, as a result of a proposed restructuring, their work is to be performed by another person”. To this end, Part 6A gives “the employees a right to elect to transfer to the other person as...

4. Canterbury Standards Committee v X [2011] NZLCDT 19 [pdf, 125 KB]

   ...[20] Bolton v Law Society 8 remains definitive in matters of professional discipline, with proven dishonesty noted as invariably leading to striking off. 9 That ensures a wrongdoer has no opportunity to repeat the offence, ensuring public protection, and that public confidence in the legal profession is maintained. [21] The legal profession is required to observe the highest standards of integrity, probity and trustworthiness. The public must be able to repose full trust and...

5. BORA Anti-Money Laundering and Countering Financing of Terrorism Bill [pdf, 313 KB]

   ...21. 3.2 The Bill provides for a number of offences for failure to comply with various obligations without reasonable excuse (clauses 104, 105, 108 and 109), thereby placing an evidential onus on the accused, contrary to the presumption of innocence protected by s 25(c). 3.3 The Bill provides for a civil pecuniary penalty in respect of civil liability acts (clause 88). As this penalty is similar to other penalties in the Bill that are expressed as criminal, it raises the issue as to whet...

6. BORA Government Communications Security Bureau and Related Legislation Amendment [pdf, 402 KB]

   ...prescribed: (a) Their purpose is governed by the objective of the GCSB, which is to contribute to the national security, international relations and/or economic wellbeing of New Zealand. (b) The powers conferred on GCSB are directed towards the protection, security, and integrity of information infrastructures, information about such infrastructures and the capabilities, intentions, and activities of foreign persons and foreign organisations. (c) The provision in the Bill for the GCSB...

7. [2023] NZREADT 20 - CAC 2107 v Sheldon (Penalty) (14 August 2023) [pdf, 226 KB]

   ...and salespersons: (b) raising industry standards: (c) providing accountability through a disciplinary process that is independent, transparent, and effective. [11] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:2 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish t...

8. [2023] NZREADT 13 - CAC v Sun (9 June 2023) [pdf, 160 KB]

   ...and salespersons: (b) raising industry standards: (c) providing accountability through a disciplinary process that is independent, transparent, and effective. [25] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:1 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish t...

9. CAC 20006 v Wallace [2013] NZREADT 81 [pdf, 36 KB]

   ...found, on the balance of probabilities, that the representation was made by the defendant to Mrs Kern as stated by the prosecution witnesses and set out above, and at that time constituted seriously negligent conduct by the defendant. We realise that careful investigation was needed by experienced builders to disclose the extent of the weathertightness problems, but there were sufficient signs of the need for investigation without those, such as, insufficient and inadequate flashings and...

10. RQ v TS LCRO 178/2012 (23 June 2015) [pdf, 98 KB]

    ...recorded an agreement reached. That document, described as a mediation agreement, records that the parties have formalised their understandings in a further document described as a “Heads of Agreement”. The heads of agreement document was not protected by privilege unless the parties agreed otherwise, and records that the terms of the agreement may be enforced by judicial proceedings. [19] Ms RQ and Ms TS both confirmed that the arrangements detailed in the heads of agreement...