Search Results

1. [2022] NZREADT 16 - CAC 2102 v He & An (15 August 2022) [pdf, 172 KB]

   ...ordinary meaning of that word. Mr Hodge submits that the Committee need to prove dishonesty on the part of Mr An in order to prove disgraceful conduct. To do that, he submits the Committee needs to be able to rely on the evidence of Mr He. [101] It is submitted by Mr Hodge that if the Tribunal accepts that Mr He’s evidence cannot be relied on then the question for the Tribunal is whether Mr An acted dishonestly when inserting the initials based on his own account of what happe...

2. Legal aid grants December 2023 [xlsx, 84 KB]

   ...Age group (years) 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 10 to 18 344 338 317 291 261 256 240 298 256 225 2% 2% 2% 2% 1% 1% 1% 2% 1% 1% 19 to 29 6,770 6,324 6,283 5,762 5,716 5,476 5,667 5,101 4,862 5,048 35% 35% 34% 32% 32% 30% 30% 29% 28% 26% 30 to 39 5,421 5,217 5,243 5,349 5,435 5,577 6,250 5,791 5,849 6,581 28% 28% 29% 30% 31% 31% 33% 33% 33% 34% 40 to 49 3,853 3,520 3,428 3,287 3,313 3,384 3,487 3,216 3,174 3,611 20% 19% 19...

3. OWRUG & HortNZ - EiC - I McIndoe - Hydrology (5 Feb 2021) [pdf, 257 KB]

   ...Guidelines are already able to be used (and were used) for that purpose. For completeness, I do recommend that the Guidelines, which were based on data available up until 2015, be updated to incorporate seasons up until the 2020/21 irrigation season. 101. I recognise that the introduction of minimum flows (or residual flows) on water resources could, and probably will, make water supplies less reliable for some growers. If that is the case, growers will need to adapt their use of...

4. [2023] NZEmpC 180 HelloWorld Travel Services (NZ) Ltd v Unsworth [pdf, 350 KB]

   ...as noted above, was awarded three months’ lost earnings pursuant to ss 123(1)(b) and 128 of the Act.17 [100] Ms Unsworth’s annual salary was $130,279.11; six months’ pay equalled $65,139.55; and three months’ pay equalled $32,569.77. [101] In her evidence in the Authority and before the Court, Ms Unsworth provided detail of income from a variety of sources over the six-month period following termination as follows: 17 Unsworth v Helloworld Travel Services (NZ) Ltd, abov...

5. SV v WT LCRO 21/2013 (26 August 2014) [pdf, 110 KB]

   ...conduct may affect which specific penalty is selected, depending on which particular function is being met. Costs [100] The LCRO has a broad discretion to order costs pursuant to s 210 of the LCA and the LCRO’s Costs Orders Guidelines. [101] The primary purpose of costs orders under the LCA is to defray the costs of administering the complaints and disciplinary provisions of the LCA, which otherwise fall on all lawyers. [102] After the review hearing a Minute was issued t...

6. [2013] NZEmpC 207 Nee Nee v C3 Ltd [pdf, 139 KB]

   ...emerges during the course of an inquiry into that allegation that the employee may have been guilty of conduct of a different kind, including lying to the employer. That needs to be the subject of a separate set of disciplinary proceedings. [101] In order to undertake a fair and proper disciplinary process an employer is obliged to meet certain minimum standards, including adequately particularising the concerns that he/she has; identifying the potential consequences of a findi...

7. Regulatory Impact Statement Vulnerable childrens bill child harm prevention orders [pdf, 234 KB]

   ...public. There are inherent limitations on what monitoring in the community, short of 24 hour surveillance, can achieve. The public might believe that an order would have a greater effect on child abuse that it would be capable of achieving. 101. Sixthly, there is a risk that the volume of applications would be substantial and encompass cases that were not sufficiently serious to justify the proposed order. 102. However, the following features of the regime would go some way towa...

8. [2008] Olsen v Carter Holt Harvey IT Ltd Full Court [Chief Judge Colgan, Judges Shaw and Couch, AC 45/08 [pdf, 97 KB]

   ...from the statute. The right to choose conferred by s69O is a right to choose in accordance with the arrangement. To the extent that DMS 2005 failed to act in accordance with the arrangement, therefore, it denied Mrs Olsen her statutory right. [101] It follows that we do not accept key aspects of Mr Kiely’s submissions. While his analysis of the Contracts (Privity) Act was correct, it is clear that Mrs Olsen does not rely on that Act for her claims and we find that she has no ne...

9. Otago Standards Committee v Claver [2019] NZLCDT 8 [pdf, 343 KB]

   ...required further development and explanation; (c) were insufficiently detailed or specific to assist the Court; and (d) failed to competently present or advance the case on behalf of the three defendants. 22 RB, RI, DS and NT 101. Further to the background set out at paragraphs 4 to 47 above, Mr Claver failed to act competently, in a timely manner, and to take reasonable care in his representation of Mr B, Mr I, Mr S and Mr T. JP Background 102. Mr Claver was...

10. Milligan v Robert Brown Developments Ltd [pdf, 133 KB]

    ...be expected to have observed the lack of a flashing or rebate on the top of the beam supporting the brick veneer, and it only issued the CCC only after being satisfied on reasonable grounds that the work complied with the Building Code. [101] The Council is a duly incorporated Local Authority and is the Territorial Authority responsible for the administration and enforcement of the Building Act 1991 in Christchurch City where the Claimant’s dwelling is located. [102]...