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1. Heta v Ministry of Social Development [2012] NZHRRT 2 [pdf, 46 KB]

   ...Tribunal 2 proceedings. I have given a little more detail about the complaint below, to show why this is the case. The only exception involves MSD’s collection of hospital admission information about the children. We did seek MSD’s response to Ms Heta’s concerns about this collection. This is sufficient to be an investigation under the Privacy Act, so as to allow the matter to be raised in the Tribunal. It is possible for the children to be plaintiffs as regards this sma...

2. Legal aid review of criminal legal aid fixed fees - 2013 [pdf, 627 KB]

   ...helpful b. asked if access under this criteria is limited to the examples c. asked if they are able to claim under this criteria where one or more appearances are initially shared in a case and then matters in that case subsequently separate. In response to these concerns – a. we are developing more examples of when to apply for an amendment to grant using the special circumstances criteria, and these will be in place by 1 April 2015 b. we are reminding grants officers that appli...

3. ENVC Matiatia expert witness traffic and transport addnl 2014 [pdf, 2.2 MB]

   ...MATTER Of the Resource Management Act 1991 Of a Notice of Motion under the Resource Management Act 1991 JOINT WITNESS STATEMENT TRAFFIC AND TRANSPORT DATED: 23 October 2014 INTRODUCTION 1. This signed joint witness statement is written in response to a direction from the Court to clarify points of agreement and disagreement relating to items raised during the cross-examination of Mr Karndacharuk. In particular these relate to matters raised in his supplementary evidence (6...

4. H & Anor v CAC 20004 & Anor [2014] NZREADT 30 [pdf, 167 KB]

   ...review the medical evidence, it would not oppose interim name suppression. However, the Authority would need to view the report to be able to take that position.” Our View 4 [16] Our Chairperson is given various procedural powers and responsibilities under the Real Estate Agents (Complaints and Discipline) Regulations 2009 including “making such arrangements as are practicable to ensure the orderly and expeditious discharge of the functions of the Disciplinary Tribunal”...

5. Eichelbaum v CAC303 & Anor [2016] NZREADT 11 [pdf, 126 KB]

   ...the statement, and is unavailable to give evidence. I accept that, in the circumstances, Mr Clarke’s evidence is admissible.” 3 [5] Section 7 of the Evidence Act 2006 is set out below. The Submissions for the Licensee [6] In response, Mr Katz QC confirms that the said 29 March 2012 brief from the late Ms Alexander was before the CAC and, he puts it, was also given in more detail in the said District Court proceeding. He adds: “It therefore related to, if anything,...

6. [2014] NZEmpC 91 Peters v Housing New Zealand Corporation [pdf, 69 KB]

   ...issued proceedings in the Employment Relations Authority (the Authority) claiming that his dismissal was unjustified. His claim was unsuccessful. He then filed a statement of claim in this Court challenging the Authority’s determination. 1 In response, the defendant filed an application seeking a declaration that the challenge had been filed out of time. That is the issue before the Court. The plaintiff claims that his challenge was filed within time but, in the alternative,...

7. AE v ZV [2014] NZDT 559 (9 June 2014) [pdf, 32 KB]

   ...common law. [7] The closest equivalent in New Zealand law would be the doctrine of frustration, which applies when further performance of a contract is brought to an abrupt stop by some irresistible and extraneous cause for which neither party is responsible, resulting in the contract being terminated forthwith and the parties being discharged from any further performance. [8] However, the types of practical difficulties experienced in this case (Council consents taking a couple...

8. FB v WBOPSC2 LCRO 184 / 2010 (26 August 2011) [pdf, 56 KB]

   ...individual’s presence and it appears that this individual indeed recused himself from the meeting. [14] The Practitioner was provided with a copy of the transcript (excluding that part of the meeting which was closed) and invited to comment. In his response he raised again the matter of the involvement of that Committee member. The Complaints and Standards Officer replied that the Committee did not feel obliged to exclude him (the individual concerned) from the Standards Commi...

9. ID v QW LCRO 222 / 2010 (29 September 2011) [pdf, 58 KB]

   ...Applicant’s wife in the matrimonial matters and been given an opportunity (and 3 declined) to instruct other counsel. The Practitioner had informed the Committee that he was unaware that his wife had taken over the file at the end stated when the responsible lawyer left the firm, and the Committee accepted his advice there was no Family Court proceeding extant between them. [10] Essentially the Committee perceived no conflict arising where the criminal proceeding involvi...

10. FE v VF LCRO 59 / 2011 (7 September 2011) [pdf, 58 KB]

    ...that was sufficient to have informed the Practitioner of the background. [23] In a disciplinary forum, a lawyer can be exposed to an adverse finding if there has been some wrong doing on the lawyer’s part. However, a lawyer cannot be held responsible for an adverse outcome for the client, when there has been no failing by the lawyer. In this case the information provided by the Applicant was crucial to his application. The Practitioner acted on the information given to him by...