Search Results

1. [2007] NZEmpC AC 5A/07 Ali'imatafitafi v CE of the Department of Corrections [pdf, 91 KB]

   ...Megan Richards and Nick Belton, counsel for defendant Judgment: 15 August 2007 JUDGMENT (NO 2) OF JUDGE B S TRAVIS Introduction [1] The plaintiff was dismissed from his job as a work party supervisor for the defendant, the Community Probation Service (CPS) of the Department of Corrections (the department) on 17 December 2002. The Employment Relations Authority found that his dismissal was justified. The plaintiff has challenged this determination and elected to have...

2. [2013] NZEmpC 150 McConnell v Board of Trustees of Mt Roskill Grammar School [pdf, 155 KB]

   ...dated 10 May 2013, the Authority partially granted the defendant’s application. In doing so the Authority member found that the impugned evidence referred to what had been discussed at mediation, and that its prejudicial effect outweighed its probative value. She directed the plaintiff’s briefs be resubmitted. [5] The plaintiff contends that the Authority erred in excluding the proposed evidence. In summary, the plaintiff submits that the Authority member misapplied s 148...

3. Auckland Standards Committee 2 v Devoy [2024] NZLCDT 22 (1 August 2024) [pdf, 101 KB]

   ...the failures in relation to her trust account as moderately grave. [18] The estate file default persisted from late 2021. In what appears to have been a simple estate matter, Ms Devoy failed to keep track of progress on documents to obtain probate. An affidavit (presumably to support application for probate) required 6 execution. One deponent was in Melbourne, another in the Coromandel. Ms Devoy stopped corresponding with her client and subsequently failed to deliver t...

4. [2020] NZREADT 05 - Eade - Ruling (21 February 2020) [pdf, 234 KB]

   ...run their case differently before the Tribunal. [22] Ms Davies further submitted that in any event, the evidence would not have a material bearing on the issue before the Tribunal, as the fact of a business association is not in and of itself probative of whether either of the second respondents breached their professional responsibilities in respect of their knowledge of or representations made about Hereford. [23] We accept that evidence as to the shareholding of ABC will not...

5. [2020] NZEnvC 152 Gibbston Vines Limited v Queenstown Lakes District Council [pdf, 680 KB]

   ...to be relevant to this issue either.19 (c) thirdly, as to whether the proposed non-object/APA covenant and consent notice would be effective, Ms Baker-Galloway submits that the evidence does not address the third outstanding point in a material or probative way. She submits that this issue is, in any case, primarily a matter for legal submission, not evidence.20 Discussion [14] Section 276(1)(a) RMA provides that the court can "receive anything in evidence that it considers appro...

6. David Bain interim report of Hon Robert Fisher QC on compensation claim [pdf, 1.1 MB]

   ...rifle. 46. While an independent assessment of each item of evidence is part of the inquiry, the ultimate determination of guilt or innocence turns on an assessment of all of those items viewed in combination. The fundamental principle is that the probative value of multiple items of evidence supporting the same factual allegation is greater in combination than the sum of the parts. As each item of evidence implicating the accused is aggregated, the probability of gUilt increases 27 Let...

7. Liddle v Standing [2012] NZIACDT 52 (30 August 2012) [pdf, 124 KB]

   ...to account for client funds. [19.3] The approach this Tribunal would take is that it will not unnecessarily use evidence in one complaint to support another complaint. However, multiple complaints which involve strikingly similar features may be probative evidence when the Tribunal determines whether there was systematic dishonesty, incompetence, or a set of circumstances amounting to an innocent explanation. [19.4] At that point, subject to further submissions, the Tribunal considered...

8. Harvey v Standing [2012] NZIACDT 58 (30 August 2012) [pdf, 124 KB]

   ...to account for client funds. [24.3] The approach this Tribunal would take is that it will not unnecessarily use evidence in one complaint to support another complaint. However, multiple complaints which involve strikingly similar features may be probative evidence when the Tribunal determines whether there was systematic dishonesty, incompetence, or a set of circumstances amounting to an innocent explanation. 4 [24.4] At that point, subject to further submissions, the T...

9. July 2013 Criminal Fee Schedules [pdf, 397 KB]

   ...Legal Aid – Police prosecution (LA form 1a) [s14 Legal Services Act 2011] Criminal Legal Aid Fixed Fees Tax Invoice — Schedules A–C (LA form 23) [s97 Legal Services Act 2011] Expert witness/reports Do not include non-expert reports (eg probation reports) or oral reports. Section 38 Forensic reports Two s38 reports are required by legislation. The Section 38 Forensic reports fee can be claimed for each of those reports. An amendment to grant is required for claims for any subs...

10. [2016] NZEmpC 109 Dotcom v Orduna [pdf, 148 KB]

    ...salaried employees and, in any event, he was not required to keep records of the hours that they worked. [34] In addition to irrelevance, Mr Dotcom asserts thatf the disclosure sought is disproportionate, oppressive, unnecessary, undesirable, of no probative value, and would be injurious to the public interest. He says that on the question of disproportionality, the individual parties have sought documents dating back to 2012 and which relate to at least 45 non-parties, but none of...