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1. HNL v SEC [2013] NZIACDT 11 (19 March 2013) [pdf, 146 KB]

   ...complaint being upheld without necessarily imposing a sanction. It follows that it is not necessary to find that a disciplinary sanction should be imposed to uphold a complaint. It is important to recognise that not every lapse or manifestation of human frailty should result in an adverse professional disciplinary finding. There will be occasions when advisers are responsible for a lapse from acceptable standards, but that still does not justify upholding a disciplinary complaint. [...

2. Yiasoumi v Attorney-General [2017] NZHRRT 12 [pdf, 242 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2017] NZHRRT 12 Reference No. HRRT 061/2015 UNDER THE PRIVACY ACT 1993 BETWEEN YIASOUMI YIASOUMI PLAINTIFF AND ATTORNEY-GENERAL DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson Ms WV Gilchrist, Member Hon KL Shirley, Member REPRESENTATION: Mr Y Yiasoumi in person Ms H Carrad for defendant DATE OF HEARING: 8 March 2017 DATE OF DECISION: 11 April...

3. Complaint Assessment Committee 403 v Licensee B [2017] NZREADT 21 [pdf, 178 KB]

   ...previous disciplinary history, and may therefore be entitled to some reduction in penalty, but submitted that remorse could not be considered as a mitigating factor. While noting that the defendant had entered into a settlement with Ms A through the Human Rights Commission, had made some partial admissions as to his conduct in the course of the present proceeding, and had expressed regret and embarrassment regarding some of his comments, Mr Hodge submitted that the defendant had co...

4. BORA National Animal Identification and Tracing Bill [pdf, 205 KB]

   ...all reasonable steps to avoid committing the offence, or • the act or omission constituting the offence took place in circumstances of an adverse event or emergency, and was necessary for the preservation, protection, or maintenance of animal or human life or for animal welfare purposes. Is the limit on the right to be presumed innocent justified? 47. Where a provision is found to limit a particular right or freedom, it may nevertheless be consistent with the Bill of Rights Act if...

5. LCRO 240/2017 O & B HN v JJ Lawyers (22 June 2018) [pdf, 237 KB]

   ...by outlining the factual background to the claim as asserted by the HNs. Background [5] At the time in question, an entity called “LV Employment Law Specialists” (LV) had a website advertising itself as “LV Employment Law Specialists and Human Resource practice”. The self-description included the statement that “As professional Employment Law Specialists (not lawyers) we represent a wide range of client issues”. [6] Mr FT’s name was at the foot of the page followed...

6. MBL v Shadforth [2016] NZIACDT 37 (3 August 2016) [pdf, 205 KB]

   ...Shadforth said the complaint, and the outcome had caused her significant personal difficulty. [6.7] She concluded her submission by contending that the Tribunal has attributed to her the personal characteristics of persons who committed crimes against humanity during the Holocaust, and said it was particularly distressing as her family were victims of the Holocaust. Ms Shadforth Rejected the opportunity to Attend an Oral Hearing [7] The Tribunal’s interim decision, for the reasons e...

7. Regulatory Impact Statement: Expungement scheme for historical homosexual convictions [pdf, 101 KB]

   ...any further negative effects of a historical conviction and providing formal recognition that they would not have committed an offence under current law. Other members of the public will benefit from living in a country that they perceive respects human rights and promotes equity and diversity. 24. Unsuccessful applicants or people who are ineligible to apply may experience a decrease in wellbeing due to feeling disadvantaged compared to successful applicants. The negative effects of...

8. LCRO 184/2015 WD v YR (6 July 2017) [pdf, 171 KB]

   ...Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 12 At [18]–[19]. 13 At [24]. 5 (d) Committee failed procedural fairness and natural justice and perverted the course of natural justice. (e) Committee failed procedural of the Human Rights Act. And had based the decision on discrimination and racism. [21] He then repeated, and added to, his complaints: (a) Lawyer failed to act competently. (b) Lawyer failed to act in a timely manner, in accordance with...

9. Legal Complaints Review Officer v Morrison [2018] NZLCDT 27 [pdf, 422 KB]

   ...conclusion that the respondent’s admitted conduct is raised to the level of misconduct. They are: (a) That the removal of page 13 from Version 1 containing the signature of AB and its insertion into Version 3 required a manual and deliberate human act; (b) The respondent was the only person along with his secretary working on the documents; (c) The realignment of Version 3 to accommodate the signature page from Version 1 was a manual act; (d) Removal of the word “child”...

10. General Standards Committee 2 v Baker and Yoon [2019] NZLCDT 1 [pdf, 191 KB]

    ...trust account supervisor he had failed woefully in his obligations. [35] More serious, however, is the submitting of false certificates to the NZLS in the knowledge of the misuse of funds by Mr Baker. [36] While the Tribunal can appreciate the human response and loyalty displayed by Mr Yoon to his colleague and mentor, Mr Baker, that is no excuse for what was a gross breach of his professional obligations. [37] Mr Yoon needs to understand that as a member of a professional body wi...