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1. Reid v CAC 10055 & Cottle [2011] NZREADT 10 [pdf, 89 KB]

   ...Committee’s determination should be overturned and the complaint sent back to the Committee to enquire into it. [18] The appellant has no legal qualifications and his arguments both written and oral have been difficult to distil into some coherent form and we are reminded of the observations of Alexander Pope (1688 – 1744) who said: “A little learning is a dangerous thing. Drink deep, or taste not the Pierian Spring There shallow draughts intoxicate the brain, And...

2. Hawkes Bay Standards Committee v Heaphy [2014] NZLCDT 78 [pdf, 134 KB]

   ...there was no dishonesty involved on the part of the practitioner nor any personal gain which would demand a penalty of strike off or suspension. [6] We found the practitioner’s conduct to be an isolated event in an otherwise long and well-performed legal career. Thus the conduct was aberrant rather than constituting any form of pattern. This was accepted by the Standards Committee. [7] We accepted the submission made by Mr Collins that the findings of the Tribunal in respect to...

3. Waikato Bay of Plenty Standards Committee v Pou [2014] NZLCDT 86 [pdf, 108 KB]

   ...1 Section 241(d) of the Lawyers and Conveyancers Act 2008. 2 Hart v Auckland Standards Committee No. 1 of the New Zealand Law Society [2013] NZHC 83 at 186-188. 3 In cases involving lesser forms of misconduct, manner in which the practitioner has responded to the charges may also be a significant factor. Willingness to participate fully in the investigative process, and to acknowledge error or wrongdoing where it has been establis

4. Geary v ACC (Application for Stay of Order) [2013] NZHRRT 37 [pdf, 49 KB]

   ...Accident Compensation Corporation (ACC) sought a stay of the order made by the Tribunal at para [220.3] of the decision: [220.3] An order is made under s 85(1)(d) of the Privacy Act 1993 requiring ACC to provide Mr Geary with access to the personal information hitherto withheld by ACC and listed as documents 1 to 7, 9 to 14, 16-18 and 20 to 21 in the schedule to the ACC letter dated 29 June 2005 addressed to Mr Geary. Such access is to be given as soon as reasonably practical and in an...

5. National and Auckland Standards Committees v Orlov [2012] NZLCDT 32 [pdf, 59 KB]

   ...firm or an employee or former employee of a conveyancing practitioner or incorporated conveyancing firm, be members who hold office under section 228(e). (5) This section is subject to section 392.” [9] Thus it is impossible, in law, for the request of Mr Orlov to have a Tribunal comprised of only lay members, to be accommodated. We note that in his latest submissions dated 5 November 2012, Mr Orlov addresses the lay members of the Tribunal only. [10] We turn to address the...

6. [2015] NZSSAA 12 (13 March 2015) [pdf, 46 KB]

   ...benefits received from overseas to be deducted from entitlement to New Zealand benefits in certain circumstances. The essential elements of s 70 of the Act are that where: • a benefit or pension or periodical allowance granted overseas which forms part of a programme providing benefits, pensions or periodical allowances, is paid to the recipient of a benefit in New Zealand or that person’s spouse, partner or dependents; and • the programme provides for any of the contingenci...

7. [2015] NZSSAA 44 (1 July 2015) [pdf, 35 KB]

   ...provides for benefits received from overseas to be deducted from entitlement to New Zealand benefits in certain circumstances. The essential elements of s 70(1) are that where: • a benefit or pension or periodical allowance granted overseas which forms part of a programme providing benefits, pensions or periodical allowances, is paid to the recipient of a benefit in New Zealand or that person’s spouse, partner or dependents; and • the programme provides for any of the contin...

8. Nelson Standards Committee v Dallison [2013] NZLCDT 4 [pdf, 81 KB]

   ...Present at the hearing was the complainant Mr B. By previous arrangement with counsel the practitioner was not present, however consented to his name being struck from the Roll of Barristers and Solicitors. Charges [2] The charge was framed in the form of three alternative charges. Firstly, “misconduct pursuant to s.241(a) of the Lawyers and Conveyancers Act 2006 (“LCA”).” Secondly, “unsatisfactory conduct that is not so gross, wilful, or reckless as to amount to misco...

9. [2014] NZEmpC 42 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 70 KB]

   ...after the Authority’s costs determination was issued on 17 November 2013, two days later on 19 November 2013, the defendant sought payment of the costs awarded within seven days but that no payment was made. The defendant says that the request for the issue of a bankruptcy notice was made to the High Court on 18 December 2013 and that this notice was issued on 19 December 2013. Attempts to serve the notice were made on 20 and 23 December 2013 by which time it had become...

10. [2014] NZEmpC 48 Kilpatrick v Air NZ interlocutory [pdf, 65 KB]

    ...security for costs in respect of the challenge. It seeks that the sum of $20,000 be paid into Court pending the hearing of the challenge. It also seeks a stay of the challenge until such security is given, either in payment or other satisfactory form. It also asks the Court to set a time limit for such security to be given. [5] Ms Kilpatrick has filed a notice of opposition to the applications. Whilst she has not paid the awards of costs made by the Authority, Air NZ has not yet...