Search Results

1. Auckland Standards Committee v Banbrook [2014] NZLCDT 37 [pdf, 104 KB]

   ...in respect of the central issues of the finding of “gross negligence” or as to the deficits in governance set out in the Summary. [25] The Summary of Facts in this case was relied on for the purposes of sentencing and since that sentence forms a considerable basis for the determination of both liability and penalty, if relevant, in disciplinary proceedings, we are not prepared to allow the practitioner to resile from its core contents. We have however been prepared to hear M...

2. Director of Proceedings v Candish [2013] NZHRRT 40 [pdf, 171 KB]

   ...and marked “A”. [3] The Consent Memorandum is in the following terms: MAY IT PLEASE THE TRIBUNAL 1. The plaintiff and defendant have agreed upon a summary of facts, a signed copy of which is filed with this memorandum. 2. The plaintiff requests that the Tribunal exercise its jurisdiction in respect of the following matters: (a) A declaration pursuant to s 54(1)(a) of the Health and Disability Commissioner Act 1994 (“the Act”) that the defendant has breached the Health and...

3. DA v EB LCRO 7/2013 (3 December 2014) - Penalty and Costs [pdf, 62 KB]

   ...EB’s fears and anxiety.6 [9] Overall, Ms EB says that Ms DA’s conduct “drove [her] into the pits of despair, well beyond what the stress of a constructive dismissal would have…”, 7 that Ms DA took advantage of her vulnerability, and requests compensation of any amount up to the maximum of $25,000 for what she describes as her “extreme distress and anguish”, although she acknowledges the decisions from this Office are based on awards that are “modest not grudging...

4. Pritchard v Toa-Wairere - Rangitatau Waitotara 3C2B2 3C2B3 (2021) 432 Aotea MB 112 (432 AOT 112) [pdf, 250 KB]

   ...supervised by the Maori Land Court. The Beneficiaries argue that, while the Maori Land Court has broad powers, the High Court has similar broad powers of review, but these do not supplant the specific rules of the common law and equity setting out what forms of relief ought to be available and in what circumstances. While that may be true, the Maori Land Court’s role is very different from that of the High Court. The Maori Land Court is actively involved in the setting up of trusts...

5. Nigel-Hampton-and-Kathryn-Dalziel-Submissions.pdf [pdf, 230 KB]

   ...Scope; and d. Issues proposed to be dealt with by an information request (whatever such categorisation means – and if such a category can rightly exist given the Coronial legislation – this is discussed further below). Information Requests 8. On 8 December the families received the Police response for the issues proposed to be dealt with by information request. 9. Dealing with this “category” at face value (and leaving the important discussion of its validity...

6. [2012] NZEmpC 131 Matamata Industrial Machinery Imports Ltd v McAllister [pdf, 107 KB]

   ...solicitors on 13 June setting out further allegations and referring to documents which appeared to demonstrate that the defendant had had access to personal email accounts and had sent emails from his laptop via a personal email account. The plaintiff requested access to copies of the emails and the documents concerned. The defendant’s solicitors responded on 22 June denying that any information the defendant had passed on to another company belonged to the plaintiff or that the...

7. TSO v Hassan [2013] NZIACDT 52 (16 August 2013) [pdf, 125 KB]

   ...15 January 2012, the complainant’s current visa expired and she was in New Zealand unlawfully as a result. [14] On 17 January 2012, Immigration New Zealand received the resubmitted the work visa application from Mr Hassan. This was treated as a request for a visa under section 61 of the Immigration Act. 3 [15] On 21 January 2012, Mr Hassan wrote to Immigration New Zealand regarding this request stating, among other things, that the application had been submitted before t...

8. Morgan v CAC 20003 [2014] NZREADT 14 [pdf, 209 KB]

   ...from the complainant urging a finding of misconduct. It is not appropriate for the complainant to have been urging any such finding, its role was simply to provide facts. Counsel for Mr Morgan objected to this process on repeated occasions and requested the PGGW submission, including Duncan Cotterill’s legal opinion, be struck from the record, however, the CAC did not respond to this request or even acknowledge the objection. It is submitted that by 24 allowing this mat...

9. [2016] NZEmpC 54 H v A Ltd [pdf, 250 KB]

   ...email which stated that after the events of the previous day, she wished to withdraw her statement. She stated that she hoped her wishes would be respected. Mr H and Mr McCabe were not informed of this development at the time. [24] Mr McCabe requested further time to respond to the proposal that Mr H be stood down from flying duties; his response was provided to Ms Paine later in the day. In summary, Mr McCabe stated that A Ltd was prohibited from investigating Ms A’s adverse...

10. [2009] NZEmpC CC 1/09 Murray v Godley House Limited [pdf, 33 KB]

    ...amount of that further contribution. I will then make an order as to costs. If Mr Murray is not liable for any further contribution to his costs, there will be no order for costs in this proceeding. [29] Mr Marsh concluded his submissions with a request that I fix the amount of costs I would have awarded had Mr Murray not been legally aided. Without knowing what costs have actually been incurred by Godley House Ltd, and in the absence of the information necessary to assess whet...