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1. LCRO 136/2016 AB v DE and GH [pdf, 483 KB]

   ...April 2015). 30 Letter PQ to Legal Complaints Review Office (20 September 2015). 31 Email DE to MN (23 July 2015). 32 Emails (1) MN to GH; GH to MN; MN to GH (13 August 2015); Letter (via email) GH to MN (13 August 2015). 33 Rules10 and 10.1 [the Rules]. 15 (c) Ms AB’s instructions [62] With limited exceptions, a lawyer risks a complaint from a client with the possibility of a disciplinary response if the lawyer does not carry out the client’s instructions. [63]...

2. Scope of inquiry Minute October 2021 [pdf, 314 KB]

   ...investigation arose because the State was responsible for the deaths of the victims. Her 26 R (Middleton) v West Somerset Coroner [2004] UKHL 10, [2004] 2 AC 182. 27 At [19]. 28 At [20]. 29 At [30]. See also Osman v The United Kingdom [1998] ECHR 101 at [67] where the accused pleaded guilty so the matter was considered by the European Commission of Human Rights to establish the facts and make findings. 30 Osman v The United Kingdom [1998] ECHR 101. 31 At [107]. 20 Honour h...

3. Legal Aid Practice Standards [pdf, 487 KB]

   ...which the lawyer is either solicitor or counsel. Where any such evidence is contentious then the solicitor or counsel will need to seek leave to withdraw and the Ministry should be advised promptly. Dealings with Other People 10. A lawyer must: 10.1 In dealing with Judges, other lawyers, litigants in person, experts, court staff 9 and the Ministry of Justice, conduct him or herself in a courteous and professional manner in order to encourage and not impede good working relati...

4. Lee v Auckland Council [2016] NZWHT Auckland 2 [pdf, 317 KB]

   ...affirmative defence of contributory negligence against the Lees. They argued that the Lees’ failure to obtain a LIM report was the real and effective cause of their loss or, alternatively, constituted contributory negligence to a high degree. [101] In its memorandum dated 20 October 2015 GIL advised that it would not take part in the hearing and would abide by the decision of the Tribunal. GIL filed a statement of defence to the claim in which it raised the affirmative defence...

5. LL v Sun [2019] NZIACDT 3 (30 January 2019) [pdf, 253 KB]

   ...Registrar are dated 13 December 2018. 3 Section 49(3) & (4). 4 Section 50. 5 Section 51(1). 6 Section 53(1). 7 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [101]–[102] & [112]. 9 [50] The complainant has withdrawn her complaint to the Authority, but the Authority has not withdrawn the complaint filed in the Tribunal. ASSESSMENT [51] I will deal with each head of complaint in the...

6. Gill v ACC [2015] NZACA 4 [pdf, 104 KB]

   ...hearing. After the hearing, counsel for Lisa provided a further document and counsel for the Corporation an additional memorandum (18 March 2015). THE LAW [69] An appeal lies to the Authority against certain decisions of a review officer (sections 101, 107 of the 1982 Act). Such an appeal lies in this case. An appeal is by way of a rehearing (section 109(1)). The Authority can confirm, modify or reverse a decision, or refer the matter back to the Corporation (section 109(7) &...

7. [2019] NZEmpC 98 Noble v Ballooning Canterbury.com Ltd [pdf, 565 KB]

   ...compliance with the requirements of Part 115, and any other applicable CAA Rule. [100] Under r 115.51, such an operator must employ, contract or otherwise engage sufficient personnel to perform the operations listed in the applicant’s exposition. [101] A set of manuals was developed for BCL so as to meet these requirements. Extracts from BCL’s Exposition Overview Manual, its Management Manual and its Operation Manual were before the Court. The Overview Manual contains the...

8. [2024] NZEmpC 147 MW v Spiga Ltd [pdf, 740 KB]

   ...176 (CA) at [1]– [2]; and New Zealand Van Lines Ltd v Gray [1999] 2 NZLR 397 (CA) at 402–405. 29 Employment Relations Act, sch 2 cl 10 and sch 3 cl 12. 30 Employment Contracts Act 1991, ss 97 and 109. 31 Employment Relations Act, sch 2 cl 10(1) and sch 3 cl 12(1). 32 Schedule 2 cl 10(2) and sch 3 cl 12(2). persons”.33 This language implies that an investigation meeting will normally take place in public but that the Authority retains a discretion to sit in private....

9. People charged and convicted of cannabis offences June 2022 [xlsx, 225 KB]

   ...proved 1 0 0 0 0 2 1 0 0 0 Bay of Plenty Ōpōtiki Not proved 2 5 1 1 2 2 4 1 2 1 Bay of Plenty Ōpōtiki Other 0 0 0 0 0 0 0 0 0 0 Bay of Plenty Ōpōtiki Total 37 25 27 12 20 26 24 14 12 5 Bay of Plenty Tauranga Convicted 240 204 157 145 117 130 101 106 103 98 Bay of Plenty Tauranga Other proved 31 15 11 14 15 7 13 9 17 6 Bay of Plenty Tauranga Not proved 38 16 8 14 15 16 26 11 16 7 Bay of Plenty Tauranga Other 0 0 0 0 0 1 0 1 0 0 Bay of Plenty Tauranga Total 309 235 176 173 147 154 1...

10. Establishing a Criminal Cases Review Commission [pdf, 395 KB]

    ...required, from an independent adviser such as a Queen’s Counsel or retired Judge. 10 Where it appears that a miscarriage of justice has or is likely to have occurred in a criminal case, the Royal prerogative of mercy can be exercised to: 10.1 grant a free pardon, or 10.2 refer a person’s conviction or sentence to the relevant appeal court under section 406(1) of the Crimes Act 1961 for a further appeal. 11 The grant of a pardon is extremely rare and would be contemplated onl...