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1. Auckland Standards Committee 1 v Arman [2020] NZLCDT 17 (22 June 2020) [pdf, 289 KB]

   ...conviction, Mr F attended the Practitioner’s office to swear an affidavit in support of the application for a discharge without conviction. In the affidavit dated 8 December 2017, Mr F said the following about the offending: I am a kind, generous, caring person who made a huge mistake on the day of the offending. I am extremely sorry that I made the victim of my offending feel so uncomfortable and scared. I never had any intention of touching her or anything of that nature and I am s...

2. LCRO 52/2017 BL v JC (30 November 2018) [pdf, 332 KB]

   LCRO 52/2017 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee [X] BETWEEN BL Applicant AND JC Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Ms BL has applied for a review of a decision by the [Area] Standards Committee [X] to take no furth

3. Tabram v Slater [pdf, 99 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2007-100-000041 BETWEEN RICHARD TABRAM and HAYLEY TABRAM Claimants AND ARRAN SLATER and MICHELLE SLATER First Respondent AND OJO LIMITED Second Respondent AND BRUCE TINDALE (Removed) Third Respondent AND MINERAL PLASTER TECHNOLOGIES LIMITED Fourth Respondent Hearing: 23, 24, 25 February 2009; 5, 11 March 2009 Appearances: T.J. Rainey and A. Parlane for the claimants E.J. Taia for the first respondents A. M

4. TB v KP LCRO 174/2016 [pdf, 167 KB]

   ...recently engaged by Mr KP’s firm, sent a reply in terms contending that Ms CT’s letter had asserted “unsubstantiated threats”.1 The letter went on to refer to various provisions of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 so as to suggest breaches of those by Ms CT. The letter ended with a suggestion that Ms CT should “seek independent legal advice regarding legal professional ethics”. [4] Mr TB’s initial reaction to this lette...

5. Director of Proceedings v Rolston [2021] NZHRRT 35 [pdf, 449 KB]

   ...the defendant breached the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 in respect of: [6.1.1] Right 4(2) by failing to provide services to the aggrieved person with reasonable care and skill. [6.1.2] Right 6(1) by failing to provide information to the aggrieved person that a reasonable consumer, in the aggrieved person’s circumstances, would expect to receive. [6.1.3] Right 7(1) by failing to obtain the aggrieved...

6. 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...

7. 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...

8. 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...

9. 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...

10. [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...