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1. ZA v YB LCRO 23/2014 Recusal (31 August 2016) [pdf, 96 KB]

   ...described in Ebner. By these standards, I am satisfied that I am not compromised in my impartiality, or in my capacity to discharge my duties conscientiously as a Review Officer. [76] The issue of practicability, and the effective use of scarce resources, is also relevant. A substantial part of the workload of this Office involves Mr [ZA] as a party. Relinquishing conduct of all reviews involving him as a party would have a number of undesirable consequences, not least of which would...

2. ZA v YB LCRO 135/2014 Recusal (31 August 2016) [pdf, 99 KB]

   ...described in Ebner. By these standards, I am satisfied that I am not compromised in my impartiality, or in my capacity to discharge my duties conscientiously as a Review Officer. [76] The issue of practicability, and the effective use of scarce resources, is also relevant. A substantial part of the workload of this Office involves Mr [ZA] as a party. Relinquishing conduct of all reviews involving him as a party would have a number of undesirable consequences, not least of which would...

3. WT Te Manutukutuku Issue 70 [pdf, 1.6 MB]

   ...education to Māori and Pākehā alike is equal treatment, but it is not equitable because it does not meet the needs of Māori. Similarly, equitable treatment means recognis- ing the greater needs of many Māori communities and providing more resources to meet those needs. It also means working with hapū and iwi to ensure that they are involved in the provision of social services. The Tribunal accepted that because Te Urewera is distant from high population areas, it is difficult...

4. LCRO 239/2017 AB v CD (3 July 2019) [pdf, 250 KB]

   ...keep the client advised of alternatives to litigation that are reasonably available. By imposing this duty, the rule aligns with the approach taken in the International Code of Ethics.21 [113] With the intention of avoiding the expenditure of resources, cost and uncertainty of outcome with litigation, many commercial contracts typically provide alternative disputes resolution (ADR) clauses, which may include the obligation of the parties to first, negotiate in good faith and, if un...

5. Te Korowai Tiaki o Te Hauauru Incorporated v Te Rūnanga o Ngati Tama Trust - Te Rūnanga o Ngāti Tama Trust (2020) 425 Aotea MB 203 (425 AOT 203) [pdf, 309 KB]

   ...arrived in Aotearoa). (3) In subsection (2), customary rights means rights according to Maori customary law, including— (a) rights to occupy land; and (b) rights in relation to the use of— (i) land: (ii) other natural or physical resources. [12] The term “Ngati Tama area of interest”, as used in s 10, is defined in s 9 of the 2003 Act as follows: Ngati Tama area of interest means the area that Ngati Tama identify as their area of interest, as set out in Sc...

6. [2020] NZREADT 37 - Eade v Real Estate Agents Authority (25 August 2020) [pdf, 335 KB]

   ...of a lifestyle block at Waihi that a mining company owned neighbouring land, but that there was no intention to mine at or near to the land being sold. Some months after the purchase, the purchasers learned that a mining company had applied for resource consent to mine under the property. The Tribunal found that the licensee was unaware of the potential risk of mining in the area. The Tribunal found that the misrepresentation was innocent, but nonetheless constituted unsatisfacto...

7. [2020] NZEmpC 46 JCE v The Department of Corrections [pdf, 321 KB]

   ...distress and that was not disturbed in the subsequent appeal. In that case the employee had been a probation officer exposed to unnecessary and avoidable workplace stress over many years, arising from work overload, management failure and office and resource deficiencies.15 He had suffered a severe impact on his health as a result of the breaches and was found to be significantly disabled because of the employer’s actions. [51] In Brickell, which was an action in tort, the Hig...

8. Matsuoka v E Tū Incorporated (Preservation Orders) [2018] NZHRRT 49 [pdf, 824 KB]

   ...This submission fails to take into account two significant factors. First, all proceedings before the Tribunal currently face substantial delay. This is not the fault of the parties. The cause is systemic in that the Tribunal has been grossly under-resourced for a substantial number of years and it has taken me, as Chairperson, at least five years to get Government to remedy the problem. Cross-reference must be made to Wall v . Fairfax New Zealand Ltd (Delay) [2017] NZHRRT 8. The Human Ri...

9. Have your say on the family justice system [pdf, 1.1 MB]

   ...of family violence and how this affects parenting and children; children with disabilities and/or disabled parents; f) is cost-effective, with reference to financial sustainability for the Crown given the various drivers of cost, capability and resources. C. The panel will consult with children and young people (including Māori children and young people), Māori, Pacific peoples, academics, the Judiciary, the legal profession, disabled people, relevant professional groups, communit...

10. Director of Proceedings v Platz [2021] NZHRRT 51 [pdf, 500 KB]

    ...instead of concluding that gaining a histological sample in a laparoscopic/open operation would be the appropriate way. He acknowledges that he missed an important opportunity to fully appreciate Mr A’s age and clinical symptoms, the limited resources at Thames Hospital, and Mr A’s desire for the least intervention possible. He takes full responsibility for his actions. Dr Platz has accepted there were steps that he should have taken that he did not and he sincerely regrets t...