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NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2017] NZLCDT 13 LCDT 029/16 BETWEEN AUCKLAND STANDARDS COMMITTEE 1 Applicant AND OSCAR RUDOLPH HINTZE Respondent CHAIR Judge BJ Kendall (retired) MEMBERS OF TRIBUNAL Ms F Freeman Ms C Rowe Mr T Simmonds Mr I Williams HEARING at Specialist Courts and Tribunal Centre, Auckland DATE 29 May 2017 DATE OF DECISION 7 June 2017 COUNSEL Ms S Earl for the Applicant Mr D Ga...
...appeal in the High Court, I must conclude this appeal has not been commenced. If that is the case, then only the High Court can 4 give permission to commence the appeal out of time. Section 12Q(9) of the Act provides: The court or a Judge thereof may in its or his discretion, on the application of the appellant or intending appellant extend any time prescribed or allowed under this section for the lodging of a notice of appeal or the stating of any case. [19] There is...
...face-to-face contact with Ministry staff. [7] It was clear that the appellant is very suspicious of people he engages with. He expressed his views as to a lack of integrity on the part of the Ministry, medical practitioners, a District Court Judge, this Authority and essentially anybody who has had a decision-making role in relation to his circumstances. [8] After providing his evidence and submitting a plethora of written documentation, the appellant indicated that he was not i...
...and must have reasonable cause to believe that any premises are being used as a private school in contravention of s 35R of the principal Act in order to apply for a warrant to enter those premises. The warrant may only be issued by a District Court Judge, Justice of the Peace, or Registrar or Deputy Registrar of any court who must be satisfied that that there is reasonable cause to believe the premises are being used as a private school in contravention of s 35R. 38. Finally, the Bill i...
...decision made or substitute it for any other decision that the person might have made. It does not permit me to substitute my will over that the legislature or direct the Ministry to make a decision that contravenes the Regulations. It is not for me to judge the quality of the enactment itself; only that the decision reached was done so “in accordance with it”. If the applicant wishes to pursue her argument in regards to discrimination on the basis of age she is free to do so in th...
...that the licensee was aware of that.3 [8] The CAC also made reference to High Court proceedings which the purchasers of the property had brought against the complainant in which substantially similar issues were raised for consideration. In its judgement the High Court concluded that the complainant was unable to provide medical evidence that supported his contention he was incapable of making decisions at the relevant time. [9] The Committee concluded4 that it had not been esta...
...BETWEEN AND Decision No. [20191 NZEnvC 80 of the Resource Management Act 1991 of an appeal pursuant to section 120 of the Act JOHN COSSENS (ENV-2017 -CHC-79) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J R Jackson Hearing : In Chambers at Christchurch Date of Decision: 2 May 2019 Date of Issue: 2 May 2019 COSTS DECISION A: Under section 285 Resource Management Act 1991 there is no order as to costs. REASONS Introduction [...
...for Lawyer for Child. Question 34. Do you see a role for an additional advocate with child development expertise to work together with the Lawyer for Child, to support the child to express their views and make sure they’re communicated to the judge? ADL believes an additional advocate with child development expertise to work together with the lawyer for the child would be very helpful. It is our experience, as has been noted in relation to psychologists, that advocates with such sp...
...mechanism for families to solve their disputes. 3.12.7 A rebuttable presumption for mediation. This is required for a mandatory scheme, but needed even more so in a voluntary setting to help ensure that the settings are right to refer to FDR for judges, registrars, coordinators, lawyers, parents and all those working in the family justice system. We do not submit on the wording for rebuttable presumption. We leave this to statutory drafters, but note that the prior statutory re...
...and associated costs and time delays, by requiring leave of the High Court; 16.3. maintains natural justice, by providing parties with the opportunity to appeal the Tribunal’s fact-finding and interpretation of the law where such an appeal is judged to have merit; 16.4. provides a meaningful appeal pathway so claimants are not deterred from filing with the Tribunal; and 16.5. enables complex or novel points of law arising from the Tribunal’s decisions to be adequately revie...