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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
...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...
...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...
...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...
...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...
...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...
...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...
...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...
...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...
...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...