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1. M v New Zealand Law Society [2017] NZLCDT 15 [pdf, 58 KB]

   ...on own account as distinct from the refusal of a practising certificate. That decision differed from the earlier decision in J2 [11] Counsel for the respondent argued that the effect of Mason was to remove the mode of practice from the range of matters the New Zealand Law Society is entitled to take into account and whether the person is fit and proper to practise on his or her own account. where the Tribunal found that the category of practising certificate being applied for w...

2. [2017] NZEnvC 198 Lau v Auckland Council [pdf, 292 KB]

   BEFORE THE ENVIRONMENT COURT TE KOOTI TAIAO 0 AOTEAROA Court: Appearances: Hearing: Judgment: IN THE MATTER AND IN THE MATTER BETWEEN AND Decision No. [2017] NZEnvC I q 8 of the Resource Management Act 1991 of an application under s316 of the Act AUGUSTINE LAU (ENV-2017 -AKL-000123) Applicant AUCKLAND COUNCIL . Respondent Environment Judge DA Kirkpatrick sitting alone under s279(1)(a) of the Act Applicant in person D Collins for Auckland Council on th...

3. Canterbury / Westland Standards Committee 3 v Johnson [2018] NZLCDT 21 [pdf, 206 KB]

   ...8 Canterbury Westland Standards Committee No. 1 v Grave [2016] NZLCDT 8. 7 Mr Grave acknowledged his failure and admitted the charge at an early stage, thereby availing himself of that as a mitigating feature. [29] In the Appleby9 matter, while the trust account errors in that matter were more serious than the present, there was not the additional charge of serious negligence. Furthermore, there were significant mitigating features relating to extraordinary personal st...

4. [2006] NZEmpC WC 11/06 Tamarua v Toll Tranzlink Ltd [pdf, 32 KB]

   ...the wrong test for justification was applied by the Authority. He therefore has a realistic prospect of success on the challenge which he should not be denied by virtue of a very short delay in filing the challenge. It is in the interests of justice that he be granted leave. [25] The application is granted. Mr Tamarua now has leave to file his statement of claim. The filing fee will need to be paid before the challenge can be advanced. The time for filing a statement...

5. QA v IZ & Anor LCRO 219/2014 (31 March 2015) [pdf, 37 KB]

   ...brought to the attention of Mr QA? 2) Was the application and fee received and lodged by the LCRO within the statutory period. [11] Mr QA raises a number of other submissions which I have considered. Those submissions in large part address matters relating to argument as to the registry hours of the LCRO office, and discussion as to the definition of a working day. I do not consider it necessary to address all matters raised in this brief decision. When was the determination ser...

6. BORA Walking Access Bill [pdf, 304 KB]

   ...$10,000 for a mens rea offence under clause 59. Given the nature of the offences in question, the penalty level appears to be consistent with strict liability. Strict liability offences can also be justified where the offence turns on a particular matter that is peculiarly within the knowledge of the defendant. In the situations described in clause 57, the defendant will generally be able to make out a reasonable excuse more easily than the Crown could prove the opposite (for example w...

7. BORA Conservation (Natural Heritage Protection) Bill [pdf, 311 KB]

   ...protected wildlife, it is essential to have an effective enforcement regime in place. Ability of the defendant to exonerate themselves 12. Strict liability or a reversal of the onus of proof can also be justified where the offence turns on a matter that is particularly within the knowledge of the defendant. In such cases, it is easier for the defendant to explain why he or she took (or failed to take) a particular course of action than it is for the Crown to prove the opposite....

8. [2019] NZEmpC 14 ESKA Ltd v Beloous [pdf, 282 KB]

   ESKA LIMITED v OLGA BELOOUS [2019] NZEmpC 14 [12 February 2019] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2019] NZEmpC 14 EMPC 334/2018 IN THE MATTER OF a challenge to determinations of the Employment Relations Authority AND IN THE MATTER OF an application for stay of proceedings BETWEEN ESKA LIMITED Plaintiff AND OLGA BELOOUS Defendant Hearing:...

9. VSC Claim form [pdf, 345 KB]

   For more information visit www.justice.govt.nz/tribunals Victims’ Special Claims Tribunal Claim Number: Z Z Page 1 For more information visit www.justice.govt.nz/tribunals VSC 06/09 - 1 Claim Form What is this form for? Use this Claim Form if you have a claim under section 28 of the Prisoners’ and Victims’ Claims Act 2005: 1. You are a victim of a crime committed by the offender mentioned in the notice published by or received from the Secretary of the Tribunal; and 2. Y...

10. LL v DD Ltd [2017] NZDT 1453 (12 October 2017) [pdf, 209 KB]

    ...to me that he was not trying to evade his responsibilities in any way. However he indicated that the testing showed that the carpet was relatively strong and was not likely to have been defective, and as a result, while willing to do repairs as a matter of goodwill, he was not prepared to replace the whole carpet. c. Mr Q and SM both gave evidence (the latter by telephone) about “bonding delamination”. Their evidence was consistent, matter of fact, and aligned with their written r...