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1. LCRO 20/2016 LC and CM v JP - Orders (5 April 2019) [pdf, 201 KB]

   ...sense that their purpose extends beyond the personal. Consequential orders, including those censuring or reprimanding a lawyer, are also intended to serve as a general deterrent for other lawyers. [6] The learned authors of Ethics Professional Responsibility and the Lawyer make the following comments:2 A censure (or reprimand) is the least serious penalty that may be imposed on a practitioner. It had been considered that such a penalty signalled that the misconduct was trifling or...

2. [2019] NZEnvC 105 Ngati Pukenga ki Pakikaikutu v Heritage NZ Pouhere Taonga [pdf, 2.7 MB]

   ...Owner Requirements If you are the owner of the land to which this authority relates, you are required to advise any successor in title that this authority applies in relation to the land. This will ensure that any new owner is made aware of their responsibility in regard to the Heritage New Zealand Pou here Taonga Act 2014. 5 HERITAGE NEW ZEALAND POUHERE TAONGA SECTION 45 APPROVED PERSON Heritage New Zealand Pouhere Taonga Act 2014 AUTHORITY NO: 2019/17i APPROVAL DATE: 1 Novem...

3. [2021] NZIACDT 1 - HQT v Singh (15 January 2021) [pdf, 194 KB]

   ...breach professional standards and where they are employed. It is very rare for such details to be suppressed and it is usually done only for medical reasons relating to the adviser. Given Mr Singh’s isolated misconduct and his professional response to the Tribunal’s decision, it is somewhat unlikely that this complaint will have a serious impact on Provisas’ business. In any event, the request is declined. ___________________ D J Plunkett Chair INTRODUCTION...

4. Waitangi Tribunal COVID-19 Level 2 Protocol (15 February 2021) [pdf, 152 KB]

   ...appropriate. ii. Limiting the number of witnesses via the use of agreed facts. c. Raising any deficiencies with cleaning, the availability of cleaning supplies or physical distancing with the site manager immediately. Community transmission response 31. At Alert Level 2, it remains possible that a new cluster of Covid-19 community transmission may be confirmed within a location served by the Tribunal. In that event the Tribunal will rely on official advice. Steps may be taken to...

5. Willing v New Zealand Police (Strike-Out Application) [2020] NZHRRT 17 [pdf, 482 KB]

   ...the investigation relates of: [25.5.1] The details of the complaint (if any) or, as the case may be, the subject- matter of the investigation; and [25.5.2] The right of that person to submit to the Commissioner, within a reasonable time, a written response in relation to the complaint, or as the case may be, the subject-matter of the investigation. 3 THE APPLICATION TO STRIKE OUT [8] The Police submit that the Privacy Commissioner has not investigated all the allegations rais...

6. Fletcher v CAC412 & Nops [2019] NZREADT 35 (21 August 2019) [pdf, 265 KB]

   ...out meritless cases. The objective of the legislation is that the Committee ought not to become involved in investigating meritless complaints. Where the Committee determines that the complaint should be considered by the Tribunal, it has the responsibility to refer the matter to the Tribunal by way of a charge under s 91 of the Act. [28] However, the discretion that is being exercised differs from one where the Committee, having enquired into a complaint, has to make a decision wh...

7. Murray v Murray - Halkyard Whakakoro A Part (2021) 243 Taitokerau MB 229 (243 TTK 229) [pdf, 243 KB]

   ...just the conviction that is relevant. I am also concerned about: (a) The way Mr Murray-Halkyard completed the trustee consent form; (b) His failure to disclose his conviction at the time of his appointment; and (c) His statements and conduct in response to this application seeking his removal. [20] It goes without saying that trustees carry a great deal of responsibility when discharging their office. The Court has an important supervisory function to ensure that trustees are di...

8. UO Ltd v BE [2021] NZDT 1511 (22 February 2021) [pdf, 184 KB]

   ...it through its website rather than “cold calling” potential customers. I accept that this is an instance where a 100% cancellation fee appears to be a genuine pre-estimate of the loss. 18. However, it would not be fair for BE to bear the full responsibility for the cancellation fee in this situation, given I have found that UO Ltd was in breach of the CGA and FTA. Under FTA s 43, I find that a sum should be deducted from the cancellation fee to reflect shared responsibility for the c...

9. [2020] NZSSAA 20 (9 November 2020) [pdf, 222 KB]

   ...the terms on which she cared for her aged parents in South Africa. [30] Her comments are not relevant to what we have said regarding the law of New Zealand that requires people to be in New Zealand 10 years before this country accepts financial responsibility for supporting them in their old age. In our view it does not advance XXXX’s arguments the outcome is unfair either. New Zealand requires people to be present in New Zealand for 10 years before accepting that financial resp...

10. Waitangi Tribunal COVID-19 Level 2 Protocol (7 September 2021) [pdf, 158 KB]

    ...appropriate. ii. Limiting the number of witnesses via the use of agreed facts. c. Raising any deficiencies with cleaning, the availability of cleaning supplies or physical distancing with the site manager immediately. Community transmission response 31. At Alert Level 2, it remains possible that a new cluster of Covid-19 community transmission may be confirmed within a location served by the Tribunal. In that event the Tribunal will rely on official advice. Steps may be taken to...