Search Results

1. LCRO 34/2020 KL v OP (4 August 2020) [pdf, 147 KB]

   ...Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that purpose all the powers of a Standards Committee or an investigator and seek and receive evidence. These powers extend to “any review” … … the power of review is much broader th...

2. LCRO 133/2019 HM v RN (24 February 2020) [pdf, 117 KB]

   ...Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that purpose all the powers of a Standards Committee or an investigator and seek and receive evidence. These powers extend to “any review” … … the power of review is much broader th...

3. Auckland Standards Committee v Fendall [2012] NZLCDT 1 [pdf, 92 KB]

   ...costs, and suppression. This decision records the oral decision given at the hearing regarding suppression and notes the Tribunal’s reasons for that decision, and determines penalty and costs. Background [4] The charge arose following investigations by the Legal Services Agency into invoices Ms Fendall had rendered for her professional services in respect of attendances as duty solicitor, and for legal aid and youth advocacy attendances. [5] An initial investigation into i...

4. [2012] NZEmpC 168 Service and Food Workers Union Nga Ringa Tota Inc v Sanford Ltd [pdf, 185 KB]

   ...facilitation, there is little guidance from the Act as to what is to happen. The Authority is primarily an inquisitorial adjudication body, dealing with matters of employment rights as a public forum. However, the Authority is not acting in its investigative role, with attendant powers, when conducting a facilitation, and facilitation is – with the exception of the possible public release of recommendations – a matter private to the parties. [53] Dr McAndrew identifies three...

5. LCRO 177/2021 FA v LL (14 March 2022) [pdf, 238 KB]

   ...Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that purpose all the powers of a Standards Committee or an investigator and seek and receive evidence. These powers extend to “any review” … … the power of review is much broader t...

6. Koria & Anor v Johnson & Ors [2013] NZWHT Auckland 14 [pdf, 208 KB]

   ...evidence about what he did, but that he could not give expert evidence because, as a party, he would be deeply conflicted and unable to be objective. Mr Woodger submitted that he has expertise from his long experience as a Council inspector and private certifier. I accept that Mr Woodger is able to give evidence about technical matters but not opinion evidence as an independent expert. WHAT ARE THE DEFECTS THAT HAVE RESULTED IN DAMAGE? [7] The main defects resulting in m...

7. [2017] NZEmpC 81 Nelson Marlborough District Health Board v Henderson [pdf, 181 KB]

   ...1 The separate challenge by Nelson Marlborough District Health Board (the DHB) was successful. Costs were reserved. [2] Separately Dr Henderson and the DHB have challenged the Authority’s decision not to award costs arising from the investigation meeting. 2 1 Henderson v Nelson Marlborough District Health Board [2016] NZEmpC 123; dealing with Henderson v Nelson Marlborough District Health Board [2015] NZERA Christchurch...

8. LCRO 202/2017 LO v RT (4 February 2019) [pdf, 173 KB]

   ...observed that: … should the Serious Fraud Office or any other agency make a finding of fraud in relation to RT Law, then it would remain open for the Standards Committee to revisit the complaint. [13] It appears that the SFO never completed its investigations.2 [14] Ms LO did not seek a review of the 29 May 2014 Standards Committee decision. The subsequent complaint and the Standards Committee decision on that [15] Ms LO’s more recent complaint was lodged with the New Zealand La...

9. LOW Kenneth David (CSU 2010 WGN 000580) [pdf, 70 KB]

   ...relating to the potential offending and safety concerns linked to the possession and consumption of liquor in public places. The intention of imposing the ban was the consumption of liquor in “controlled areas” that would be restricted to private residences and licensed premises. The current control area in the CBD is the CBD, Oriental Bay, Mount Victoria Lookout, Aro Valley, Central Park, Mount Cook and Newtown. [20] Ms Curtis also spoke about the Alcohol Reform Bill (now t...

10. KQ & LT v SG [2023] NZDT 287 (13 June 2023) [pdf, 234 KB]

    ...and according to the conditions. The Land Transport (Road User) Rule 2004 (LTR) explains more specific rules that drivers must abide by in New Zealand, and these rules are summarised in the NZ Road Code. While this incident occurred on a driveway on private property, I am satisfied the same standard duty of care, and responsibilities, apply. 8. I find damage to the fence did result from SG’s failure to take reasonable care 9. I say that because I accept the evidence provided by...