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1. Piontecki v REAA & Davies [2014] NZREADT 61 [pdf, 71 KB]

   ...is entitled to expect from a reasonably competent licensee, was unsatisfactory conduct, rather than misconduct. Mr McCoubrey also submits that the Committee was further entitled to find that the orders made in the District Court were a sufficient response to the licensee's unsatisfactory conduct. The Stance of the Appellant Complainants [33] Counsel for the appellant complainants submit that the Committee failed to properly consider and apply material facts; took into account irr...

2. [2013] NZEmpC 242 Udovenko v Offshore Marine Services Ltd [pdf, 153 KB]

   ...days per week including statutory holidays and weekends and these are the normal working hours subject only to any statutory entitlement for working on public holidays”. Those in senior management positions, such as the plaintiff, have special responsibilities in relation to safety, navigation, rescues and health and safety. region) of the International Transport Workers’ Federation (ITF), gave evidence (which I accept) that this methodology is rarely used and, when...

3. Boyce v Westpac NZ Ltd [2015] NZHRRT 41 [pdf, 90 KB]

   ...McCondach and Mr Szpetner. Ms McCondach was a particularly clear and compelling witness who described exactly the kind of arrangements one would expect to find where a firm of chartered accountants was placing in the hands of certain trusted employees responsibility to spend the firm’s money for the firm’s purposes. It would be astonishing were such firm not to impose conditions requiring documentation which would allow internal oversight over the expenditure, proper accounting for t...

4. Director of Proceedings v Radius Residential Care Ltd [2015] NZHRRT 50 [pdf, 310 KB]

   ...with families and health professionals and developing quality management systems, including auditing and assessments. Ms Evans now practices as an independent nursing consultant. 72. Ms Evans reviewed the complaint and supporting documents, the response to the complaint from St Winifred’s, Mr A’s clinical notes from the Canterbury DHB, and Mr A’s clinical notes from St Winifred’s. 73. Ms Evans considered whether the nursing care provided by St Winifred’s was appropriat...

5. Harland v ACC [2010] NZACA 9 [pdf, 79 KB]

   ...s.36. Secondary to that failure a number of other malfunctions occurred. The issue arising is who is 10 responsible? Mr Nee Harland suggested that it is the party that put in motion the chain of events. His submission is that logically responsibility must rest with the first failure. [63] It is against that background that Mr Nee Harland goes on to make submissions regarding s.80(2)(b) of the 1982 Act. In terms of that section the issue according to ACC is whether the...

6. [2011] NZCA 564 CA780/2009 Parker v Silver Fern Farms Ltd Anor [pdf, 177 KB]

   ...As a consequence, Mr Parker was, if successful, entitled only to monetary relief. [15] The Chief Judge considered, however, that an extension of time should not be granted because Mr Parker could be “compensated adequately” from those responsible for the delays, namely Messrs C and A. 16 His Honour concluded his judgment as follows: [33] Finally, although it is not for this Court to determine issues of ethical professional responsibility between lawyers and clients, I am...

7. Justice Sector Outlook March 2016 revised [pdf, 820 KB]

   ...curfew, and requires the offender to remain at an approved residence at certain times specified by the court. Community Detention length ranges between 14 days and six months. Community Work: Punitive sentence that gives offenders an opportunity to take responsibility for their offending and learn new skills and work habits. Offenders do unpaid work in the community to pay something back for the offence they have committed. Community Work hours range between 40 and 400 hours (at up to 40...

8. AN v DH LCRO 119/2015 (23 December 2015) [pdf, 97 KB]

   ...Ms AN confirmed her reliance on the submissions she had provided to the Committee, and said that although she considered she had fearlessly advocated for MM as she was professionally obliged to do, she could have done better. She says she was not responsible for Ms DH’s choice to instruct a lawyer. She says there is no proper basis for an order that she pay Ms DH compensation. Ms AN resists the suggestion that an apology to Ms DH is appropriate. She indicated that her financial situa...

9. MSC v Scholes [2013] NZIACDT 71 (25 November 2013) [pdf, 167 KB]

   ...Third, Ms Scholes filed the first application for a student visa in a form that was rejected. It was rejected as Ms Scholes had failed to personally ensure that the financial support required to grant the visa was in place; she had delegated that responsibility to a person who later advanced loan finance intending to deceive Immigration New Zealand. Fourth, Ms Scholes filed the second application for a student visa on which a limited purpose visa was issued, without first satisfying hers...

10. Waitangi Tribunal - issue 62 of Te Manutukutuku [pdf, 1.3 MB]

    ...LLB and LLM degrees. Joanne Morris has served on numerous Waitangi Tribunal inquiry panels, in three of which she has officiated as presiding officer. From 1994 to 1999, she was a commissioner at the New Zealand Law Commission, where her primary responsibility was for the Women’s Access to Justice project. Previously a senior law lecturer at Victoria University of Wellington, Ms Morris also chaired the 1988 Ministerial Committee of Inquiry into Pornography. She has been an executive me...