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1. Legal Complaints Review Officer v Hong [2015] NZLCDT 27 [pdf, 407 KB]

   ...“verbal eunuchs” in the words of the Canadian Supreme Court, their profession constrains them to respond to provocation with “dignified restraint”.30 As members of a profession, lawyers are expected to suppress what may be natural negative human emotions in their professional dealings with other lawyers. This is not necessarily easy, especially as clients may expect lawyers to share the clients’ personal acrimony to the opponent that, for them, includes the opponent’s lawye...

2. [2013] NZEmpC 190 Belsham v Ports of Auckland Ltd [pdf, 165 KB]

   ...the fact that Mr Hulme stood aside when Mr Mitchell criticised the tone of correspondence he was sending to Mr Belsham. Further, there was the issue of an altercation at one of the meetings where Mr Belsham alleged that he was assaulted by the human resources consultant for the company. Mr Mitchell submitted that when all of the circumstances are considered, the decision to dismiss was not one that a fair and reasonable employer could have reached. [32] The company’s position...

3. LCRO 124-2014 SM v TK [pdf, 236 KB]

   ...[82] That case involved an appeal against a decision of the Complaints Review Tribunal, which had held that a lawyer’s actions in retaining a client’s passport to secure payment of an outstanding account amounted to discrimination under the Human Rights Act 1993. The passport in contention was an Indian passport, and the property of the Indian Government. [83] As such, the Court was not called on to address the significance to the case of the New Zealand Passports Act 1992, but...

4. Waitangi Tribunal - issue 68 of Te Manutukutuku [pdf, 2.7 MB]

   ...institutions and law 10 Justice system Legal aid, barriers to accessing courts, colonial justice system, Supreme Court/Privy Council ; criminal justice system ; Māori land law, succession, court procedure and costs 11 Citizenship rights and equality Human rights, racial discrimination The Chairperson’s memorandum setting out the kaupapa inquiry programme can be downloaded from : www.justice.govt.nz/tribunals/waitangi-tribunal/news/ 6 New Directions The last 18 months have bro...

5. [2018] NZEnvC 012 Mt Wellington Highway Ltd & Jaafar Holdings Ltd v Auckland Council [pdf, 879 KB]

   ...often oppose the taking of their land for reasons based on personal attachment which give rise to a sense of value based on their plans for their property as distinct from the intrinsic value of the land itself. I recognise that this is part of human nature and therefore to be expected. It forms part of the foundation for the principle that private interests in land are to be safeguarded by closer scrutiny of the basis for any proposed taking of those interests. It generates continu...

6. Wati v Corrections [2018] NZHRRT 38 [pdf, 330 KB]

   ...(plaintiff) 26 June 2018 (defendant) DATE OF DECISION: 31 August 2018 DECISION OF TRIBUNAL1 1 [This decision is to be cited as Wati v Corrections [2018] NZHRRT 38.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2018] NZHRRT 38 2 Introduction [1] On 12 June 2014, Allan Wati was transferred to Christchurch Men’s Prison where he was held on remand while facing criminal charges. On the same day, Detective Constable...

7. Induction guide for legal aid providers - v1.2 January 2017 [pdf, 659 KB]

   ...• breaches of contract • defamation • bankruptcy. Civil legal aid may also be available for proceedings before tribunals or specialist courts such as the: • Employment Relations Authority • Employment Court • Environment Court • Human Rights Tribunal • Legal Aid Tribunal • Māori Land Court and Māori Appellate Court • Refugee Status Appeal Authority • Social Security Appeal Authority • Taxation Review Tribunal • Tenancy Tribunal • Waitangi Tribunal....

8. Evidence Brief: Supervision and Intensive Supervision [pdf, 370 KB]

   ...both variables were related to meaningful reductions in recidivism, and operated independently of each other. The authors concluded that intensive supervision could be effective if it met certain criteria, specifically when operating under a human service philosophy (as opposed to that of deterrence), and when it abided by the principles of effective intervention. WHAT MAKES SUPERVISION AND INTENSIVE SUPERVISION EFFECTIVE? Klockarslvi described the typology of a probation...

9. [2016] NZEmpC 120 Whanau Tahi Ltd v Dasari [pdf, 211 KB]

   ...applied for a job as a business analyst with Whanau Tahi Ltd. He attended an interview on 7 August 2013. Present at the interview was Mr Stephen Keung, who was a director of Whanau Tahi, Daymon Nin, an executive officer, and Sonia Dernie, from Human Resources. Mr Dasari indicated in his evidence that during this interview he explained that his visa status was employer specific. He indicated that if he was to obtain the position he had to have support from Whanau Tahi for a varia...

10. [2016] NZEmpC 123 Henderson v Nelson Marlborough District Health Board [pdf, 229 KB]

    ...August 2014 and 11 September 2014, Dr Henderson had decided to tell Mr Fleming she would continue in her job (Option 1). She did so after consulting her family and taking advice from colleagues, including Ms Smith, the DHB’s General Manager – Human Resources. She recorded her decision in a letter dated 31 August 2014 delivered to Mr Fleming at the meeting on 11 September 2014. She confirmed her commitment to working to improve her performance with Mr Fleming’s support. In...