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1. LCRO 95/2019 CM v DL (9 March 2021) [pdf, 285 KB]

   ...paid to Mr DL.2 Mr DL responded to this request to inform Mr CM that he had outstanding invoices with his firm. 1 On occasions it was difficult to determine from the submissions of both parties, whether a particular submission was addressing matters arising from Mr CM’s 20[XB] or 20[XX] convictions. 2 As will become apparent later in this decision, the question as to whether Mr CM had paid $3,000 to Mr DL, whilst seemingly uncontested by the parties during the course of the conduct...

2. [2007] NZEmpC AC 28/07 Wilson v CE of Ministry of Social Development [pdf, 65 KB]

   WILSON V THE CHIEF EXECUTIVE MINISTRY OF SOCIAL DEVELOPMENT AK AC 28/07 23 May 2007 IN THE EMPLOYMENT COURT AUCKLAND AC 28/07 ARC 31/06 IN THE MATTER OF an election to have the matter heard in the Employment Court BETWEEN ELIZABETH WILSON Plaintiff AND THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT Defendant Hearing: 29 and 30 March 2007 (Heard at Auckland) Appearances: Mark Ryan, Counsel for Plaintiff Michele Ryan, Counsel for Defenda...

3. IACDT - A Complainant's Guide to Proceedings [pdf, 439 KB]

   ...to refer your complaint if the Registrar’s reason for deciding not to refer it was that it: 12.3.1. Does not disclose any of the grounds of complaint listed in section 44(2) of the Act; or 12.3.2. Discloses only trivial or inconsequential matters and need not be pursued 13. FORM 13.1. You can appeal against a decision not to refer, by filing with the Tribunal: Page | 7 13.1.1. A section 54 Appeal Form, provided on the Tribunal’s website; 13.1.2. A copy of the n...

4. IACDT - An Adviser's Guide to Proceedings [pdf, 441 KB]

   ...referred the complaint unless: 15.3.1. The complainant’s Statement of Reply gives notice that they want the Tribunal to consider other or additional grounds; or 15.3.2. The Tribunal thinks it should conduct an inquisitorial hearing into other matters in the public interest. Page | 8 16. FORM 16.1. The Statement of Complaint will be in the form specified in Schedule 1 of this Practice Note, unless the Tribunal determines to allow variation in any particular case. STA...

5. LCRO 194/2017 MA v NB, OC and PD (20 September 2019) [pdf, 344 KB]

   ...at the conclusion of the hearing. [28] The arguments advanced on review by Dr MA are comprehensive. In what follows I will not canvass or mention every element and aspect of the materials that have been put before me from the parties, but all matters have been considered. 2 Deliu v Connell [2016] NZHC 361, [2016] NZAR 475 at [2]. 7 [29] It is fundamental that parties should be able to understand what has led a court or tribun...

6. Taueki v Horowhenua Sailing Club Ltd - Horowhenua (11) Lake (2013) 304 Aotea MB 288 (304 AOT 288) [pdf, 129 KB]

   304 Aotea MB 288 IN THE MĀORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT A20090001234 UNDER Section 19, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Horowhenua (11) Lake BETWEEN PHILIP TAUEKI Applicant AND HOROWHENUA SAILING CLUB LIMITED First Respondent AND HOROWHENUA ROWING CLUB Second Respondent HOROWHENUA LAKE DOMAIN BOARD Third Respondent DEPARTMENT OF CONSERVATION Fourth Respondent Hearing:...

7. Horan – Hiwarau C (2013) 70 Waiariki 61 (70 WAR 61) [pdf, 159 KB]

   70 Waiariki MB 61 IN THE MĀORI LAND COURT OF NEW ZEALAND WAIARIKI DISTRICT A20080011273 UNDER Section 289, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Hiwarau C AND MIRANDA HORAN Applicant Hearing: 22 September 2008, 104 Opotiki MB 6 8 March 2012, 50 Waiariki MB 189 9 May 2012, 54 Waiariki MB 264-271 (Heard at Opotiki) Judgment: 8 February 2013 PRELIMINERY DETERMINATION OF DEPUTY CHIEF JUDGE C L FOX 70 Waiarik...

8. Auckland Standards Committee 1 v Wintour [2025] NZLCDT 25 (7 May 2025) [pdf, 203 KB]

   ...competence. He enjoys good relationships with colleagues. It has been disappointing to witness the unhappy aspects of his character that emerged through this disciplinary process. A lawyer will not be penalised for vigorous defence in disciplinary matters, but the manner of the defence can bear upon penalty where it affects assessment of character and whether contrition is genuine.2 [3] Penalty must be undertaken dispassionately and proportionately, taking guidance from releva...

9. [2024] NZEnvC 228 Ministry of Housing and Urban Development v Auckland Council [pdf, 1.3 MB]

   ...It is a facility which provides for a range of care, and short and long term accommodation for people with disabilities (including mental health, addiction, illness or intellectual disabilities), together with provision for custodial, tribunal, and justice facilities ancillary to 9 forensic psychiatric services, and a range of health related accessory activities. The activities the Mason Clinic accommodates requires buildings which have a range of particular functional and operationa...

10. [2016] NZEmpC 23 Banks v Hockey Manawatu Inc [pdf, 235 KB]

    ...demonstrates, it can sometimes be difficult for non-commercial enterprises such as charity groups and sports organisations operating through Boards made up of volunteer members to comply with the strict letter of the law in relation to employment matters. However, the Employment Relations Act 2000 (the Act) makes no distinction between commercial and non-commercial enterprises. The duties and obligations imposed under the Act remain constant and apply to all employers and employee...