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1. Waitangi Tribunal Guide to Practice 2023 [pdf, 900 KB]

   GUIDE TO THE PRACTICE AND PROCEDURE OF THE WAITANGI TRIBUNAL August 2023 A Comprehensive Practice Note Issued under Clause 5(9) and (10) of Schedule 2 to the Treaty of Waitangi Act 1975 This Guide replaces the following practice notes : . ‘Mediation’, 18 September 1990 . ‘Translations’, 29 June 1991 . ‘Claim Terminology’, 1 July 1991 . ‘Claim Priorities’, 18 July 1991 . ‘Negotiations and Settlements’, 22 August 1991 . ‘State Enterprise and Education L

2. Manchester Securities Limited v Auckland Council [2016] NZWHT Auckland 1 [pdf, 341 KB]

   THE WEATHERTIGHT HOMES TRIBUNAL TRI 2014-100-000024 [2016] NZWHT AUCKLAND 1 BETWEEN MANCHESTER SECURITIES LIMITED Claimant AND AUCKLAND COUNCIL First Respondent Hearing: 7, 8 and 24 September 2015 Closing submissions: 24 September 2015 Further written submissions: 2 February 1016 Appearances: Mr Ho for the claimants Ms Parker, Ms Harpur and Ms Mitchell for the first Respondent Decision: 1 March 2016 _________________________________

3. [2013] NZEmpC 202 Hallwright v Forsyth Barr Ltd [pdf, 236 KB]

   ...the offence of injuring with reckless disregard. [32] Mr Paviour-Smith made it clear that an agreement to defer a final decision was on the basis that between the time of sentencing and the issue of the decision in relation to the disciplinary investigation, Mr Hallwright was not to make any public statement on behalf of the company, have any media interaction on behalf of the company or interact with any private clients. [33] Mr Paviour-Smith also responded to other concerns th...

4. [2018] NZEnvC 089 Auckland Council v Braines [pdf, 8.2 MB]

   ...a compliance investigator employed by the Council. He holds a warrant under s 38 of the Act and has 31 years' experience as a planning and resource management compliance and enforcement professional. His experience includes monitoring and investigation of numerous sites to determine whether they comply with the requirements of the Act. [10] Mr Randall's detailed affidavit sets out the background of the Site and the activities on it in detail. This includes prior enforcemen...

5. Provider Manual for legal aid providers - DELETE [pdf, 415 KB]

   ...any submission(s) and the PRC recommendation2 • the Secretary makes a decision, and • Legal Aid Providers notifies you of the decision. Interim restrictions The Secretary may impose interim restrictions on you if your performance is being investigated by the PRC and the Secretary considers it is necessary or appropriate to do so (s 102 of the Act). The Secretary may: • place a hold on any payments to be made to you that relate to the matter being investigated, and •...

6. Provider Manual for legal aid providers - DELETE [pdf, 415 KB]

   ...any submission(s) and the PRC recommendation2 • the Secretary makes a decision, and • Legal Aid Providers notifies you of the decision. Interim restrictions The Secretary may impose interim restrictions on you if your performance is being investigated by the PRC and the Secretary considers it is necessary or appropriate to do so (s 102 of the Act). The Secretary may: • place a hold on any payments to be made to you that relate to the matter being investigated, and •...

7. Lochead-MacMillan v AMI Insurance [2012] NZHRRT 5 [pdf, 109 KB]

   ...farms and boats. [2] In September 2006 Mr and Mrs Lochead-MacMillan insured their Waiuku home and contents with AMI. On 9 January 2010 a fire occurred at a garage/sleepout and a claim to AMI was notified the following day. In the course of the investigation and during the negotiations over the claim Mr and Mrs Lochead-MacMillan requested that AMI provide specific personal information. In these proceedings under the Privacy Act 1993 they contend that AMI failed to respond to their requ...

8. Wellington Standards Committee v Hirschfeld [2014] NZLCDT 48 [pdf, 144 KB]

   ...suspending the lawyer for 2 to 3 years. They also seek reimbursement of their costs in the prosecution, of almost $152,000. 3 [4] Mr Hirschfeld submits that this negligence is at the lower end of the scale and that the consequences of the investigation and prosecution, with the attendant publicity have already been severe. He urges the Tribunal to impose a Censure and a modest contribution to the Tribunal’s costs. [5] Proportionality will be assessed both in relation to...

9. [2021] NZACC 177 – Williams v ACC (5 November 2021) [pdf, 454 KB]

   ...procedure. Post operatively had significant improvement in symptoms, post operative MRI showed minimal residual lesion and nil acute complications. [52] Mr Coates refers to the MRI scan report of 31 December 2018. The MRI had been undertaken to investigate numbness affecting the posterior aspect of his left leg. The report says: An MRI performed on 12 December 2018 again does not identify any pathology to account for the apparent radicular symptoms in his left leg; there ar...

10. [2014] NZEmpC 98 Narayan v Telecom NZ Ltd [pdf, 129 KB]

    ...grievance for unjustifiable dismissal, disadvantage and other unlawful actions by Telecom against him. The grievance was not settled and proceeded as an employment relationship problem before the Employment Relations Authority (the Authority). An investigation meeting was held on 9 January 2013. A determination of the Authority was issued on 1 May 2013. Mr Narayan’s claims were dismissed. 1 Costs were reserved and in a subsequent determination dated 24 September 2013, the A...