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1. KV v TE LCRO 39/12 (15 June 2015) [pdf, 66 KB]

   ...the New Zealand Law Society (NZLS). [5] Mr KV sought to rely on the affidavit, and wanted information from Mr TE, or whichever of his colleagues had prepared it, about its purpose, meaning and origins. He made enquiries of Mr TE but received no response. [6] Mr KV says he wrote to NZLS in August and September 2011 about Mr TE failing to provide information, and asking whether he could claim a refund of the fees he had paid because Mr TE had lost his trial. [7] He followed that...

2. IAA v Maerean [2013] NZIACDT 21 (28 March 2013) [pdf, 57 KB]

   ...Maerean. For that reason there will be no financial penalty, my view in that regard is reinforced by my view that Ms Maerean should have consequences that are significantly different from Mr Sparks who was the senior professional and must take primary responsibility. [18] I accept it is appropriate that Ms Maerean undertake professional development if she wishes to apply for another licence, however I do not accept the Authority’s submission that she should do so before a licence is i...

3. BORA Health Practitioners Competence Assurance Amendment Bill [pdf, 275 KB]

   ...recommended by operational and strategic reviews of the Act, completed in 2009 and 2012 respectively. The changes are intended to clarify the Act’s interpretation and improve its operation, in particular by: a. requiring authorities (the bodies responsible for registration and oversight of practitioners in a particular health profession) to develop ‘naming policies’ governing how, and in what circumstances, the names of practitioners whose competence or conduct has been reviewed or...

4. BORA Domestic Violence Enhancing Safety Bill [pdf, 281 KB]

   ...It appears clear that the objective is important and rationally connected to the making of an order: the explanatory note to the Bill indicates (at 2) that the Police ("on the spot") order provisions are intended to provide Police with a response where a person is believed to be at risk but where there is not a sufficient basis to arrest and to provide persons at risk with an opportunity to consider their options. There are also indications of practical difficulties faced by peop...

5. BORA Fisheries (Foreign Charter Vessels and Other Matters) Amendment Bill [pdf, 286 KB]

   ...The Bill makes interim changes to the registration of foreign charter vessels (FCVs) that apply until more substantive changes come into effect on 1 May 2016. 4. The interim changes widen the range of matters that must be considered by the responsible chief executive when consenting to applications to register FCVs to include employment and vessel safety conditions. They also extend the functions of fisheries observers, allow for regulations to recover the cost of these new functio...

6. [2021] NZEmpC 64 Lawton v Steel Pencil Holdings Ltd (in liq) [pdf, 183 KB]

   ...tests of the AVL equipment are to be conducted, under the supervision of the Registrar of this Court, before the witnesses are to give evidence. Any adjustments, corrections or changes required by the Registrar must be undertaken. j) Mr Stock is responsible for ensuring that any document provided to the witnesses are secured by it, and retained, at the conclusion of the hearing. Schedule 2 SUMMARY OF GUIDELINES FOR A WITNESS GIVING EVIDENCE BY AUDIO VISUAL LINK The Cour...

7. Te Runanga o Ngati Tama - Ngati Tama and Ngati Maru (2004) 146 Aotea MB 157 (146 AOT 157) [pdf, 302 KB]

   ...Inade. Minute Book: 146 AOT 158 Respondent's SUblnissiollS The lninutes of the hearing held on 9 Septelnber 2004 along \~'ith counsel's memorandum were both sent to Mrs Linlmer. Ho\~'ever, as at the date of this decision no response fi'om her has been received. Section 79 of the Act provides the Court with jurisdiction to lnake an order for the payment of costs. It provides: if 79 - Orders as to costs (1) In any proceedings, the Court may make such order...

8. The Trustees of Tiroa E and Te Hape B Trusts - Tiroa E and Te Hape B Trusts (2005) 125 Otorohanga MB 112 (125 OT 112 [pdf, 276 KB]

   ...warranted, given the change in trustees and the change in the circumstances of the Trusts. I also note that advisory trustees were paid at the rate of $200.00 per meeting. Both Mr Pahi and Mr Peni were advisory trustees prior to their appointment as responsible trustees. Under the proposed new rate they would receive twice what they were paid as advisory trustees. I therefore consider that, in line with the decision of the annual general meeting, the trustees' fees should be...

9. LCRO 005/2019 JB v QE (10 April 2019) [pdf, 89 KB]

   ...nonsense in her letter”. Mr JB would also like to be paid punitive damages for Ms QE having insulted his integrity and causing him stress and pain. He says he is in fragile health and he seeks “natural justice”. [10] Mr JB’s denials of responsibility for the dumping of rubbish found on ABC’s site are noted, but are irrelevant to Ms QE’s professional conduct. The simple fact is that Ms QE owes obligations to her client which take precedence over the considerably more l...

10. Auckland Standards Committee 1 v Tregenza [2016] NZLCDT 31 [pdf, 132 KB]

    ...transgressions, count in favour of the practitioner. So does an acknowledgement of error, wrongdoing and expressions of remorse and contrition. Immediate acknowledgement of wrongdoing, apology to a complainant, genuine remorse, contrition and acceptance of responsibility as a proper response to a Law Society inquiry can be seen to be substantial mitigating matters and to justify lenient penalties…. .” where at para [46] he said: [21] The Tribunal imposed the following agreed pen...