Search Results

1. [2018] NZEmpC 46 Evans-Walsh v Southern District Health Board [pdf, 367 KB]

   ...complaints did not call into question, and could not reasonably be interpreted as questioning, the quality of Ms Evans-Walsh’s clinical care for patients. They were about her dealings with, or behaviour towards, the nurses who complained. The DHB’s response to the report [12] On 15 June 2016, a copy of Ms Rabbidge’s report was sent to Ms Evans- Walsh’s lawyers and a response, either in writing or at a meeting, was sought. The DHB’s letter informed her it would decide what...

2. LCRO 167/2016 LQ v TM (13 May 2019) [pdf, 181 KB]

   ...JQ’s funds. He said his requests for information had been sent to Mr TM because Mr JQ would only communicate with him through Mr TM who had not responded. 1 Practising as [Law Firm B]. 3 Response [15] With a view to resolving Mr LQ’s concerns, the Lawyers Complaints Service suggested to the parties that Mr TM address Mr LQ’s concerns in a letter to Mr JK. I refer to Mr TM’s letter dated 30 May 2016 to Mr JK in my an...

3. LCRO 189/2021 KP v MM (10 February 2022) [pdf, 175 KB]

   ...1 July 2021. 4 [19] If the Committee’s preliminary view is that the complaint appears to lack substance, a Legal Standards Officer (LSO) will contact the respondent lawyer and inform them of the Committee’s preliminary view, inviting a response from the lawyer. [20] Any response is included in a file note prepared by the LSO and provided to the Committee, which then completes its inquiry into the complaint.4 [21] On 20 October 2021, the LSO spoke to Mr MM and informed him...

4. [2022] NZEnvC 078 Whangarei District Council v Sustainable Solvents Groups Limited [pdf, 316 KB]

   ...them to have to differentiate between levels of responsibility and culpability between two commercial groups who clearly, as is documented through the business lease and purchase-option agreement, entered into an arrangement. All Respondents were responsible for the agglomeration of solvents and chemicals on the site. Having entered into that arrangement the Fourth, Fifth and Sixth Respondents cannot now seek to walk away from the responsibilities they accepted. The failings of the...

5. Director of Proceedings v Te Whatu Ora [2023] NZHRRT 32 [pdf, 461 KB]

   ...obtained independent expert advice from respiratory medicine expert (Dr Nicola Smith) and emergency medicine expert (Dr David Prisk). Dr Prisk – emergency medicine expert 43. Dr Prisk advised that Mrs A’s case raises questions about the responsibility of ED medical staff for patients in these situations. Handover to the respiratory team occurred while Mrs A was still in the ED and it appears that the respiratory team assumed overall responsibility for her care after that. Dr...

6. Hutcheson v Clarkson - Mangamaire B No 2 Block (2020) 86 Takitimu MB 283 (86 TKT-283) [pdf, 379 KB]

   ...shares. [4] An ahu whenua trust was constituted over the land on 6 July 1995.3 The original trustees were Henry Randell and Maui Manawanui Houkamau, with Erikana Eriha appointed as a custodian trustee. At the commencement of these proceedings, the responsible trustees were Catherine Marjorie Clarkson, Ketepunga Kaylene Clarkson, Sharlene Marae King, Matana Te Mutu Eriha and James Robert Hutcheson.4 Ko te hātepe ture o te tono nei Procedural history [5] An application for...

7. Alternative Restorative Justice pilot study March 2025 [pdf, 659 KB]

   ...of letters, reparation, agreed service for the victim) were most common? ..................................................................................................... 19 Question 3: What were the experiences of persons harmed and persons responsible? What aspects were viewed positively, and why? What challenges did participants face? 21 Perspectives of persons harmed .................................................. 21 Perspectives of a person responsible (offender) ...............

8. [2012] NZEmpC 195 The New Zealand King Salmon Co Ltd v Cerny [pdf, 78 KB]

   ...Court concluded that sleepovers constituted work. In doing so the Court considered the following factors: (a) the constraints placed on the freedom the employee would otherwise have to do as he or she pleases; (b) the nature and extent of responsibilities placed on the employee; and (c) the benefit to the employer of having the employee perform the role. 4 [2009] ERNZ 42. [9] The Court of Appeal agreed with the three factor...

9. Sigley - Te Tii (Waitangi) B3 Trust (2014) 80 Taitokerau MB 233 (80 TTK 233) [pdf, 99 KB]

   ...voting was required. [13] Maraea Takimoana Williams felt that the block voting had prevented beneficiaries from asking questions of trustee nominees before voting. She also considered that TWRs, and not their whānau members, needed to nominate responsible trustees. She relied on clause 15.2 of the trust order, which provides: The responsible trustees shall be elected by voting by the Tupuna whānau representatives at any Annual General Meeting. [14] Wiremu Tane responded to the...

10. Cook v Wikatene -Tauranga Taupo 1B2B2 (2021) 432 Aotea MB 52 (432 AOT 52) [pdf, 213 KB]

    ...te hātepe ture o te tono nei Procedural history [6] The application for removal was filed on 4 November 2020. Following that, on 27 November 2020 directions were issued that the application be provided to Mr Wikatene for his information and response. As foreshadowed, the application as heard before me at Turangi on 21 January 2021 where the applicant presented submissions. The hearing was adjourned to Porirua to allow Mr Wikatene the opportunity to provide his response to the ap...