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  1. Proposed model for establishing a Criminal Cases Review Commission - Redacted [pdf, 282 KB]

    ...procedural safeguard, the notice will detail the information sought, the purpose for requesting the information and a timeframe for when the information is required. Compelling information from private persons should be subject to a court order 101. We recommend that the CCRC also have the power to apply to court for an order requiring a private body to provide information. The information we expect to be requested from private bodies includes client files from lawyers14 and examinatio...

  2. [2023] NZREADT 5 – KM v Real Estate Agents Authority (CAC 2102) (20 March 2023) [pdf, 205 KB]

    ...with him at some point in time over potential investment properties, we accept her evidence that the first communication she had with the bidder over the property in question (after the listing in January 2021) was at about 5:03 pm on 1 April. [101] In conclusion on the first two matters raised on appeal, we dismiss the allegation of concealment of the bidder’s identity. The appellant was not entitled to know the bidder’s name. There is insufficient evidence to conclude that t...

  3. The Registrar - Te Ahitainga No1 Sec 10 C (2018) 72 Tākitimu MB 255 (72 TKT 255) [pdf, 350 KB]

    ...primarily to adequacy of information or accountability for the past administration of the existing trust. [70] I am aware of those concerns, they have been raised previously. In directions that I issued in April this year (at 67 Tākitimu MB 101) I was responding to a report from Mr Bloor of a meeting with trustees in January this year. [71] Mr Bloor met with the Masterton-based trustees who I understand to be Ms Te Whare and Ms Haira, in January 2018, and reported to the Court...

  4. Feaver v Accident Compensation Corporation (Work-Related Personal Injury) [2023] NZACC 210 [pdf, 438 KB]

    ...common parlance. [100] It is acknowledged that bursitis is a condition, rather than an injury. However, it is accepted that age alone is a significant factor in the development of bursitis, as Dr Nicholson and the other professionals have said. [101] The ultimately question though is whether what occurred on that day caused or contributed to her bursitis. [102] I find that Mr Sara is right to challenge the proposition that because degeneration causes bursitis, that the bursitis c...

  5. [2019] NZEmpC 167 Bradley v Ngāti Apa Ki Te Rā Tō Charitable Trust [pdf, 424 KB]

    ...flawed and, in any event, it had already decided to dismiss him regardless of the outcome of that investigation. 1 Bradley v Ngāti Apa ki te Rā Tō Charitable Trust [2018] NZERA Christchurch 101. [3] The Trust had started an investigation about whether there had been a lack of financial management by Mr Bradley that allowed certain invoices to be approved for payment that its Board considered should not have been approved....

  6. [2022] NZEmpC 136 The Board of Trustees of Southland Boys High School v Jackson [pdf, 248 KB]

    ...redundant and they become unemployed; Teacher W receives a $60,000 gratuitous 16 This emerges from a reading of the Voluntary Options part of the collective agreement. 17 See Nath v Advance International Cleaning Systems (NZ) Ltd [2017] NZEmpC 101 at [66]. payment from the Parents’ Association in recognition of their years of contribution to the school community; Teacher W pursues a personal grievance against the Board of Trustees claiming that their dismissal was proced...

  7. McLeod v C Yap [2013] NZIACDT 19 (28 March 2013) [pdf, 177 KB]

    ...Pursuant to section 50 of the Act, the complaint is upheld in respect of Ms Yap engaging in misleading behaviour concerning the fees Mr and Ms McLeod agreed to pay. [100] In other respects, the complaint is dismissed. Submissions on Sanctions [101] As the complaint has been upheld, section 51 allows the Tribunal to impose sanctions. [102] The Authority and Mr McLeod have the opportunity to provide submissions on the appropriate sanctions, including potential orders for costs, refund...

  8. Chand and Kumari v Prakash [2012] NZIACDT 85 (3 December 2012) [pdf, 178 KB]

    ...disciplinary sanctions will not be sufficient to cause Mr Prakash to gain the insight and determination to maintain professional standards. The public will only be adequately protected, and the objectives of the Act achieved, by cancelling his licence. [101] I have considered whether allowing Mr Prakash to hold a provisional licence, after establishing a regime of appropriate supervision, is an option. I am satisfied that is not appropriate. If Mr Prakash will not act in a professiona...

  9. Motiti Rohe Moana Trust and Royal Forest Bird Protection Society Inc. Submissions - 27 November 2017 [pdf, 295 KB]

    ...regionally significant infrastructure in high value natural areas under the Bay of Plenty proposed coastal plan (Roya/ Forest & Bird Protection Society Inc v Bay of Plenty Regional Council). 58 Noting Transpower [2017] NZHC 281 per Wylie J at [101 ]. 15 • Maori relationships with coastal waters, taonga and fisheries, protected under treaty principles; • Rare and threatened flora and fauna; • Indigenous biodiversity, including taonga fish and seabird species, as biotic...