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1. Martin v The Real Estate Agents Authority (CAC 416) [2018] NZREADT 69 [pdf, 205 KB]

   ...Mr Mulligan raised issues. [36] Accordingly, she submitted, the Committee was correct to find that in this case, Mr Martin’s supervision of Mr Mulligan was insufficient to meet the requirements of s 50 of the Act. Discussion Preliminary matters [37] We note, first, that in his oral submissions, Mr Child referred to information given to him by Mr Martin, shortly before the appeal hearing, as to his involvement in the transaction. This was information that Mr Martin could (an...

2. Te Manutukutuku Issue 34 [pdf, 5.2 MB]

   ...claims began in Feb­ ruary 1995 at Waiwhetu Marae in Lower Hutt. Te Runanga 0 Whare­ kauri-Rekohu and the Ngati Mutunga Incorporated Society have presented their evidence at three hearings. They challenged the Crown over a number of historical matters: consistent failure to provide prop­ er services to the Chatham Islands; failure to consult and ignoring the right of Ngati Mutunga to self­ determination; allowing the Native Land Court to deprive many of their tipuna of land by...

3. 20240923-Sentencing-Reform-Amendment-Bill.pdf [pdf, 5.7 MB]

   ...shorter prison sentence. 29 33. However, the Bill ensures that the Court retains the ability to consider the wider circumstances in which the guilty plea was entered when making a reduction to a sentence. News 9D sets out that the Court can consider matters such as: 33.1 whether and when the defendant received information as part of criminal disclosure that helped enable the defendant to plead fully and fairly 33.2 any matter outside the defendant's control that prevented the defe...

4. 20240923-Sentencing-Reform-Amendment-Bill-and-District-Court-Judges-Amendment-Bill [pdf, 5.7 MB]

   ...shorter prison sentence. 29 33. However, the Bill ensures that the Court retains the ability to consider the wider circumstances in which the guilty plea was entered when making a reduction to a sentence. News 9D sets out that the Court can consider matters such as: 33.1 whether and when the defendant received information as part of criminal disclosure that helped enable the defendant to plead fully and fairly 33.2 any matter outside the defendant's control that prevented the defe...

5. [2022] NZEmpC 174 Ashby v NIWA Vessel Management Ltd [pdf, 279 KB]

   ...challenge just on remedies.5 [38] The issue in such challenges is whether there is a material error of fact and/or law in the Authority’s determination, relevant to its conclusion as to remedies. [39] The Court must make its own decision on the matters before it, and on any related issues.6 Once it has done so, the determination of the Authority is set aside and the decision of the Court on those matters stands in its place.7 In considering remedies the Authority is not limit...

6. Terms of Reference Appendix [pdf, 705 KB]

   ...the audit report. On-site audit process During an on-site audit, the provider is expected to be present at the audit location. An on-site auditor may interview the provider and any other people nominated by the provider in relation to any matters arising from the client files selected for audit. Prior to conducting the interview, the auditor will advise the provider of the timing and estimated duration of the interview, and will provide any necessary clarification as to the scope...

7. Terms of reference [pdf, 701 KB]

   ...the audit report. On-site audit process During an on-site audit, the provider is expected to be present at the audit location. An on-site auditor may interview the provider and any other people nominated by the provider in relation to any matters arising from the client files selected for audit. Prior to conducting the interview, the auditor will advise the provider of the timing and estimated duration of the interview, and will provide any necessary clarification as to the scope...

8. [2021] NZACC 77 – Herbst v ACC (25 May 2021) [pdf, 156 KB]

   ...needed more time. Mr Brownless and ACC have not conferred with me with regards to any assessment, aids, treatment plan to make decision as per minutes. No IRP plan. Assessment of multiple injury needs. Law not applied, principles of natural justice, urgency of matter, irregularity. [21] Under the heading ‘relief sought’ the appellant says: Access foot fully for surgery and rehab needs of left foot. Quash decision hearing loss and issue decision of deemed cover for hearing...

9. Otago Standards Committee v Elder [2024] NZLCDT 30 (30 September 2024) [pdf, 91 KB]

   NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2024] NZLCDT 30 LCDT 013/24 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN OTAGO STANDARDS COMMITTEE Applicant AND CLAIR ISABEL ELDER Practitioner CHAIR Ms D Clarkson MEMBERS OF TRIBUNAL Mr I Hunt Ms M Noble Mr K Raureti Ms I Taylor HEARING 17 September 2024 HELD AT Christchurch District Court DATE OF DECISION 30 September 2024...

10. [2011] NZEmpC 42 Tertiary Education Union v CEO Western Institute of Technology & Ors [pdf, 71 KB]

    ...now different than the intended parties originally nominated in the employers’ s 43 notice. [21] Given that position, we accept that the Union’s undertaking, which is solemnly given and is enforceable as an injunction would be, satisfies the justice of the position for the next month or so until the important matter of when the Court of Appeal may be able to deal with an appeal can be known more certainly. [22] We note that the Union submits that a new s 43 notice should be give...