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1. Auckland Standards Committee 1 v Fendall [2018] NZLCDT 32 [pdf, 119 KB]

   ...These were summarised in the decision of Daniels1 as follows: (a) The primary purpose is not punishment, although orders inevitably will have some such effect; (b) The predominant purpose is to protect the public interest, which includes the protection of the public; (c) To maintain professional standards; (d) To impose sanctions on a practitioner for breach of his/her standards; (e) To provide scope for rehabilitation in appropriate cases; (f) To carefully consider alternativ...

2. Kopa v Kopa – Kotuku B1 (1983) 62 Whangārei MB 182 (62 WH 182) [pdf, 1 MB]

   ...c011fir■at1oa: -J2fj lotab 11 C•f& ... 1'- • ,_rt IU Salw llr r P lrect, for llodl aU.wr/aliaee. - - - ----- ------ htMI' _. - tawwttOB. I lulft ,.noully perllUaded alleor to nta.111 • Uf• illter~.J u • ..-.ur• of protection f- coaUaned fOOd taniliij.- -- . . . /2 182 - -·-- ----~--- --·- . . - •·· - · . . . . ·····--···· ·· - . - --- ----- Court: ConfirMd order Sec 34(10) for 1-diate relea•• to Aaat. eo.. S/Duti•• at Whan...

3. LCRO 54/2018 KJ v VW (6 July 2018) [pdf, 180 KB]

   ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [19] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that neces...

4. Director of Proceedings v Xu [2023] NZHRRT 30 [pdf, 554 KB]

   ...1. The plaintiff is the Director of Proceedings exercising statutory functions under sections 15 and 49 of the Health and Disability Commissioner Act 1994 (“the Act”). 2. At all material times the aggrieved person was a consumer of health care services. 3. At all material times the defendant, Mr Shengming (Steven) Xu (“Mr Xu”), a massage therapist, was a health care provider within the meaning of s 3 of the Act, and was providing health care services to the aggrieved p...

5. [2017] NZEnvC 053 Federated Farmers of New Zealand v Mackenzie District Council [pdf, 17 MB]

   ...PC13(pc). Te RDnanga 0 Ngai Tahu [21] Te ROnanga 0 Ngai Tahu ("TRoNT") and Arowhenua Runaka lodged a notice expressing concern that their roles and values in relation to Te Manahuna (the Mackenzie Basin28 ) under the RMA are not adequately protected by PC13(pc). It is important (for jurisdictional reasons) that TRoNT lodged a submission on the original PC13 as notified. Environmental Defence Society Inc and Mackenzie Guardians [22] These two societies lodged submission...

6. [2007] NZEmpC WC 15/07 Auto-Movements (NZ) Ltd v Eveleigh [pdf, 52 KB]

   ...windfall. [38] The position in relation to employment agreements has long been distinguished from commercial constraints for reasons of differing bargaining positions. There is also a need for an employer to show a proprietary interest that needs protecting beyond the duration of the period of employment. Only if an employer can establish that a restraint is necessary to protect trade connections or secrets or confidential information, is a restraint of trade justified. As the au...

7. M D Cottle Family Trust & Anor v CAC20002 & Anor / Barnett v CAC20002 & Ors [2015] NZREADT 74 [pdf, 142 KB]

   ...required to complete the appropriate further training as a pre- condition. [15] The Authority submits that our discretion to order a licensee to refund commission in whole or in part is an important consumer remedy in what is, of course, a consumer protection Act, and Committees and we are able to have recourse to it in a wide variety of circumstances. He adds that a refund does not necessarily always follow as a matter of course if there has been a breach of s 126, although it will ofte...

8. Eppanapally v Zhou [2015] NZIACDT 84 (27 August 2015) [pdf, 189 KB]

   ...consider it is not appropriate or necessary to impose a financial penalty. As discussed, orders for compensation and refunds of costs are inevitable and not discretionary decisions based on Ms Zhou’s financial position. [31] The remaining elements are protection of the public and the potential for rehabilitation. Ms Zhou is not currently practising, it may well be that she will not practise again. In appropriate circumstances, Ms Zhou could properly return to the profession. The complai...

9. [2018] NZEnvC 043 Royal Forest and Bird Protection Society v Northland Regional Council [pdf, 5.2 MB]

   ...application under section 76 of the Biosecurity Act 1993 in relation to the proposed Northland Regional Pest and Marine Pathway Management Plan of a Notice of Motion under section 291 of the Resource Management Act 1991 ROYAL FOREST & BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2017 -AKL-140) Appellant NORTHLAND REGIONAL COUNCIL Respondent Court: Environment Judge JA Smith Environment Commissioner SK Prime Environment Commissioner RM Dunlop Hearing: Auck...

10. Shihaku v Mizoguchi [2019] NZIACDT 24 (24 April 2019) [pdf, 169 KB]

    ...complaint and any appropriate sanctions cannot be ousted by agreement between the parties, the Tribunal accepts that the position agreed between the Registrar and Mr Mizoguchi is appropriate. The Registrar’s views as to how the public can best be protected carries considerable weight in the Tribunal. Furthermore, Mr Mizoguchi remains subject to supervision. It is readily apparent that he has gone to considerable lengths to undertake training and to change his systems and practi...