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1. Preventing the prison pipeline Professor Ian Lambie report [pdf, 223 KB]

   ...favoured by small but vocal interest groups who push for harsher punishments and longer sentences. Tough on crime dogma is widely known as ‘penal populism’ where politicians promise vote-winning, overly simplistic solutions for a narrow set of carefully chosen law-and-order problems (Pratt & Clark, 2005). As well as in New Zealand and Australia, this phenomenon has also been seen in the United States (Enns, 2014) and in the United Kingdom (Jennings et al., 2017). Knee jerk po...

2. Southland Standards Committee v P [2022] NZLCDT 12 (28 April 2022) [pdf, 215 KB]

   ...cross-examination was to enable us to determine whether there was any basis for the Standards Committee to gainsay P’s explanation that F had given full instructions to P on relevant issues and that P had communicated with medical and residential care officers merely as a conduit, due to his inability to write. That was done with the agreement of both counsel. After considering the evidence elicited under cross-examination, the Tribunal was satisfied that there was no basis for...

3. [2014] NZEmpC 128 Huang v Li [pdf, 118 KB]

   ...Ltd, above n 5 (footnotes omitted). which the claim has little chance of success. Access to the Courts for a genuine plaintiff is not lightly to be denied. Of course, the interests of defendants must also be weighed. They must be protected against being drawn into unjustified litigation, particularly where it is over-complicated and unnecessarily protracted. [11] The merits of the plaintiff’s case are to be considered in the context of an application for security f...

4. Auckland Standards Committee v Morahan [2015] NZLCDT 29 [pdf, 459 KB]

   ...instructing solicitor that will be fine providing he signs a Letter of Engagement, a retainer is given for you and me and kept topped up and I am kept in the loop with documents and involvement. Our duty is firstly to the court and we must observe this carefully and be on top of it. Sorry to sound pedantic but as lawyers we have to be thorough and careful - too many complaints and problems now for lawyers under the new regime. Let me know what you think and the way forward”.6 [18...

5. Mullane v Attorney-General [2017] NZHRRT 40 [pdf, 417 KB]

   ...fit and proper person in relation to any transport service, the Agency must consider, in particular, any matter that the Agency considers should be taken into account— (a) in the interests of public safety; or (b) to ensure that the public is protected from serious or organised criminal activity. (2) For the purpose of determining whether or not a person is a fit and proper person for any of the purposes of this Part, the Agency may consider, and may give any relative weight that t...

6. BORA Criminal Proceeds and Instruments Bill [pdf, 350 KB]

   ...impact on bodily integrity has not been considered in detail in New Zealand, courts in the United States and Canada have been proceeded on the basis that forfeiture does constitute punishment and is accordingly subject to scrutiny against constitutional protections. In any event, we consider that even if forfeiture orders were to be considered "treatment" or "punishment" that is subject to s 9 of the BORA, the impact of such orders is not such as to constitute "dis...

7. LCRO 113-2017 GN v IG [pdf, 265 KB]

   ...administration of justice in the context of this case involved a recognition by Mr GN that the court might rule against him and therefore ensuring that he took no steps which might have the effect of defeating that. [109] This also has the effect of protecting court processes, as the heading to r 13.2 provides. [110] The administration of justice thus meant the ability to ensure the seamless transfer of the ownership of the capital to Mrs IG. [111] In my view by reinvesting the fu...

8. [2022] NZIACDT 5 – LS v Murthy (4 April 2022) [pdf, 199 KB]

   ...Complaints Assessment Committee, above n 10, at [97], [101]–[102] & [112]. 9 [47] Ms Mortimer-Wang asks the Tribunal to take into account Ms Murthy’s health during this period, details of which are given. This affected her standard of care. A medical certificate (7 December 2021) was later provided to the Tribunal. [48] Ms Murthy expressly denies the allegation of dishonest or misleading behaviour. [49] As for the Gmail account, this was authorised by the complaina...

9. [2023] NZIACDT 13 - OT v Ramos (24 April 2023) [pdf, 174 KB]

   ...Complaint filed in the Tribunal [32] The Registrar filed a statement of complaint (19 December 2022) in the Tribunal alleging against Ms Ramos: Negligence, or alternatively breaches of the specified clauses of the Code – (1) Failed to exercise due care in ensuring the residence application was lodged as instructed, in breach of cl 1. (2) Failed to exercise due care and diligence by not recognising that being unwell may impact the services provided to the complainant, in breach...

10. [2019] NZREADT 37 - Tafilipepe - penalty [pdf, 280 KB]

    ...the industry into disrepute was a highly aggravating factor. [17] With respect to the finding of misconduct (reckless contravention of r 9.6) on the 416 charge, Mr Hodge submitted that the purpose of r 9.6 is to ensure that vendor clients are protected by an agency agreement from the outset, and Ms Tafilipepe’s conduct deprived the vendors concerned of this protection. He submitted that the fact that Ms Tafilipepe continued to market properties to persons on her “as is” list,...