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1. VP v Canterbury Westland LCRO 323 / 2012 (22 May 2013) [pdf, 121 KB]

   ...should restrict the charge laid by the Committee to the period of time he refers to. [56] This would constitute an unwarranted interference with the discretion of the Committee. It is the Committee which has determined to lay the charges and is responsible for framing and prosecuting the charge. Any objection to the wording of the charge (and naturally any defence to the charge as framed) are properly matters to be argued before and considered by the Tribunal with the benefit of f...

2. Chief Executive of the Ministry for Culture and Heritage - Taonga Tūturu found at Cook's Cove, Tolaga Bay (2017) 71 Tairāwhiti MB 267 (71 TRW 267) [pdf, 276 KB]

   ...should remain in the custody of Te Tairawhiti museum until an overall plan for “Hauiti Taonga” has been developed. Further, he submits that if additional taonga are subsequently found, then the marae in the relevant vicinity should take responsibility for the taonga in line with comments to that effect made at a hui-a-iwi held in 2015. Procedural History [15] The applications were heard together on 6 July 2015.1 At the hearing I made inquiries as to the reason for the de...

3. UB v OZ LCRO 11 / 2012 (11 October 2012) [pdf, 111 KB]

   ...Practitioner, particularly as March arrived, at which time she was confronted by pressures from the head franchisor, an investigation by the Commerce Commission, and the Practitioner pressing her for payment. [31] The Practitioner’s professional responsibility to the Applicant included providing advice and guidance through the legal processes (and risks) of terminating the franchises. While I cannot agree that there was any professional failure on the part on the Practitioner i...

4. AI v ZR LCRO 102 / 2010 (11 February 2011) [pdf, 122 KB]

   ...of attempting to pervert the course of justice was laid against the Applicant. [78] The Applicant was the author of his own misfortune in connection with this. [79] I do not accept that the Respondent can in any way be considered to have any responsibility in connection with this. There was no duty on him which could require him to check the authenticity of the letter. [80] All of the consequences flowing from the Applicant’s actions in this regard lie firmly with himself. Th...

5. LCRO 178/2014 ZO v BV (15 June 2018) [pdf, 127 KB]

   ...had been assaulted by Mr WL. [35] Ms BV’s allegation that she had been assaulted by Mr WL is set out in her January 2014 complaint to NZLS, which records that Mr WL had been charged with assault “for myself and my partner”. [36] In her response to Mr ZO’s review submissions, dated 13 February 2015, Ms BV notes that “just because Mr WL wasn’t found guilty of assaulting me doesn’t change the fact that you were unprofessional”. [37] In his submissions to the Legal C...

6. [2017] NZEmpC 82 Judea Tavern Ltd v Jesson [pdf, 121 KB]

   ...employee with an opportunity for input and comment. [35] The employer must fairly consider what the employee has to say before terminating their employment. An employer is entitled to have regard to its business needs in deciding an appropriate response to the situation and any applicable time-frames. An employer is not obliged to keep a job open indefinitely, no matter how long an employee has been employed or how large the organisation is. For their part, an employee is obliged...

7. Complaints Assessment Committee 408 v Nicholas Schembri, Joseph Lupi & Timothy Kearins [2017] NZREADT 56 [pdf, 272 KB]

   ...CAC relied upon the cases Li and De Heer in their submissions as to the appropriate penalty for Mr Kearins’ penalty. These cases also involved separate findings of unsatisfactory conduct for breach of s 50 of the Act in relation to licensees responsible for supervising the junior licensees. The CAC submitted that Mr Kearins’ abdication of responsibilities was greater than the 4 Note that in the original decision of the Tribunal...

8. Justice Matters - issue 05 - December 2016 [pdf, 3 MB]

   ...Improvement. She’ll lead ongoing improvements in service delivery methods to drive, develop and monitor nationally consistent operating standards and practices. Sarah will also ensure the customer experience underpins all service improvements, and will be responsible for commissioning the Ministry’s centralised ‘social services’ such as victim support and restorative justice. National Service Delivery Group Manager Bryre Patchell is responsible for leading centralised customer-f...

9. TT v KEN [2019] NZIACDT 64 (11 September 2019) [pdf, 134 KB]

   ...under investigation by the Authority “for a client I knew nothing about”. He complained that his registration and livelihood were in jeopardy due to New World practices outside of what had been agreed. [53] The adviser cannot therefore be responsible for New World’s engagement with the complainant before he knew of the latter’s existence as a client. According to the adviser, he had an agreement with New World concerning new clients. Unfortunately, he cannot now locate a...

10. LCRO 151/2017 NS v ET (12 March 2019) [pdf, 130 KB]

    ...relating to the invoice. Mrs ET has not applied to review the Committee’s decisions about those other issues, and so they remain the last words on those topics. For that reason, I do not intend to deal with those issues in this decision. Response [11] In response to Mrs ET’s complaint about his invoice, Mr NS said that when he discovered that her medical and ACC issues were far more complex than he had first anticipated, he told her that he was unable to act on legal aid and...