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1. National Standards Committee 1 v Peters [2025] NZLCDT 20 (9 April 2025) [pdf, 160 KB]

   ...conduct which has led to the charge happened some years ago, and when the lawyer has done “the right thing” as soon as the conduct was revealed. [4] On 3 April 2025, the Tribunal made such an order removing Francis Peters from the roll. This judgment provides reasons for that decision and applies the principles of penalty in professional discipline to Mr Peters’ particular conduct and circumstances. Misconduct [5] On 5 April 2024, Mr Peters pleaded guilty to four charge...

2. Recommendations recap - issue 6 [pdf, 1.4 MB]

   ...remain buoyant, as well as functionally impairing their ability to cope. Both men also had traces of methamphetamine and cannabis in their system. It is not possible to say to what extent they were affected by either of these substances, but their judgement and ability to handle the situation was probably impaired. The men were not wearing lifejackets, and there were none in the boat. They had a cellphone for communication, but it was wet and stopped working. They had no radios, flare...

3. LCRO 52/2022 AD v OC (12 July 2024) [pdf, 244 KB]

   ...view on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [39] The High Court has also described a review by the LCRO in the following way:2 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are en...

4. 2021-03-11 ORC PC7 - Transcript (up to end of day 2 - 9 March 2021) [pdf, 1 MB]

   ...(which came into force following the Council’s decision on proposed change 5 to the Hawke’s Bay Regional Resource Management Plan, but prior to the Environment Court hearing the appeal on 3 and 4 December 2014): [16] Since the Supreme Court judgement in EDS v NZ King Salmon Co Ltd 5 [2014] NZRMA 195 there has been an increased awareness of the need to consider the hierarchy of planning documents, and the degree of control those documents have over the required or permissible co...

5. 2021-03-11 Transcript of 8-9 March 2021 - E&OE - not complete [pdf, 1 MB]

   ...(which came into force following the Council’s decision on proposed change 5 to the Hawke’s Bay Regional Resource Management Plan, but prior to the Environment Court hearing the appeal on 3 and 4 December 2014): [16] Since the Supreme Court judgement in EDS v NZ King Salmon Co Ltd 5 [2014] NZRMA 195 there has been an increased awareness of the need to consider the hierarchy of planning documents, and the degree of control those documents have over the required or permissible co...

6. Family Violence Bail (FVB) pilot evaluation - final report [pdf, 1.1 MB]

   ...process that could be improved? 1.3.1. Evaluation rubric The rubric below shows the standards against which the FVB pilot is evaluated. Information collected from the evaluation data are assessed using this rubric to arrive at evaluative judgements or conclusions about the pilot (e.g., on a continuum of “exceeding expectations” to “not meeting expectations”) in relation to each criterion and indicators. Additionally, all criteria include the category “unable to be det...

7. 2019-11-13 Allen + Clarke FVB Pilot Evaluation Final Report 004 [pdf, 1.1 MB]

   ...process that could be improved? 1.3.1. Evaluation rubric The rubric below shows the standards against which the FVB pilot is evaluated. Information collected from the evaluation data are assessed using this rubric to arrive at evaluative judgements or conclusions about the pilot (e.g., on a continuum of “exceeding expectations” to “not meeting expectations”) in relation to each criterion and indicators. Additionally, all criteria include the category “unable to be det...

8. [2008] NZEmpC AC 19/08 Barry v Anoop Investments Ltd [pdf, 37 KB]

   ...of Defence out of time BETWEEN CHRISTOPHER BARRY Plaintiff AND ANOOP INVESTMENTS LIMITED Defendant Hearing: 21 May 2008 (Heard at Auckland) Appearances: Matthew Young, advocate for plaintiff Mohammed Khan, counsel for defendant Judgment: 3 June 2008 INTERLOCUTORY JUDGMENT OF JUDGE B S TRAVIS [1] The defendant has sought leave to file a statement of defence out of time. [2] As a preliminary issue, objection was taken by the plaintiff to an affidavit f...

9. JD v ACC (Leave to Appeal to the High Court) [2024] NZACC 62 [pdf, 210 KB]

   ...TO APPEAL UNDER SECTION 162(1) OF THE ACT BETWEEN JD Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Submissions: A Carlyle for the Applicant F Becroft for the Corporation Hearing: On the papers Judgment: 9 April 2024 JUDGMENT OF JUDGE P R SPILLER [Leave to appeal to the High Court s 162 Accident Compensation Act 2001] Introduction [1] This is an application for leave to appeal against a judgment of Her Honour, Judge Henare,...

10. Recommendations recap - issue 2 [pdf, 1.7 MB]

    ...call immediately. Alcohol Drug Helpline www.adanz.org.nz Provides free and confidential support for anyone concerned about their own or someone else’s alcohol or drug use. Experienced counsellors are available to provide confidential and non-judgmental help when you need it and can also refer you to a local treatment provider. The helpline (0800 787 797) is open from 10am–10pm, every day. Youthline youthline.co.nz There are a number of ways you can access Youthline’s he...