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1. APB Ltd v VW LCRO 133 / 2010 (3 August 2011) [pdf, 126 KB]

   ...„reprehensible‟ (or „inexcusable‟, „disgraceful‟ or „deplorable‟ or „dishonourable‟) or if negligent, such negligence must be either reprehensible or be of such a degree or so frequent as to reflect on his fitness to practise. (Atkinson v Auckland District Law Society NZLPDT, 15 August 1990; Complaints Committee No 1 of the Auckland District Law Society v C [2008] 3 NZLR 105). I do not see the Practitioner‟s conduct reaching this level of wrongdoing. [19] Th...

2. [2012] NZEmpC 58 Evolution E-Business Ltd v Smith [pdf, 110 KB]

   EVOLUTION E-BUSINESS LIMITED V BEN SMITH NZEmpC AK [2012] NZEmpC 58 [17 April 2012] IN THE EMPLOYMENT COURT AUCKLAND [2012] NZEmpC 58 ARC 15/10 IN THE MATTER OF proceedings removed from the Employment Relations Authority AND IN THE MATTER OF an application for costs BETWEEN EVOLUTION E-BUSINESS LIMITED Plaintiff AND BEN SMITH Defendant Hearing: (on the papers, memoranda filed on 14 September 2011, 12 October 2011, 22 November 2011, 14 December 2...

3. LCRO 150/2016 DN v [Area] Standards Committee (14 November 2018) [pdf, 182 KB]

   ...directed that the facts of the matter be published, excluding identifying details. [6] Mr DN seeks to have the determination of the Committee reversed. [7] Mr DN is represented by Mr SH. Delegate [8] This review progressed by way of a hearing in Auckland on 25 October 2018. The hearing was conducted by Mr Vaughan acting as a delegate duly appointed by the Legal Complaints Review Officer (LCRO) pursuant to cl 6 of sch 3 to the Act. The LCRO has delegated Mr Vaughan to report t...

4. Human v New Zealand Law Society [2022] NZLCDT 50 (22 December 2022) [pdf, 205 KB]

   ...Appellant AND NEW ZEALAND LAW SOCIETY Respondent DEPUTY CHAIR Dr J G Adams MEMBERS OF TRIBUNAL Mr S Hunter KC Ms K King Ms M Noble Prof D Scott HEARING 6 December 2022 HELD AT Specialist Courts and Tribunals Centre, Auckland DATE OF DECISION 22 December 2022 COUNSEL Mr H Human the Appellant Mr P Collins for the Respondent 2 DECISION OF THE TRIBUNAL RE APPEAL AGAINST REFUSAL TO ISSUE PRACTISING CERTIFICATE [1] At what thre...

5. [2018] NZSSAA 41 (14 August 2018) [pdf, 300 KB]

   ...documents that the appellants filed before the second hearing were an incomplete copy of one of their pension documents that was in the Ministry’s report, printouts from Ministry websites referring to overseas pensions, a policy paper from the University of Auckland on the deduction of overseas pensions from NZS, and a Ministry client event note which was also in the Ministry’s report. [29] During an adjournment, XXXX obtained a transaction history from the Bank of New Zeala...

6. [2015] NZEmpC 124 Knapp v Locktite Aluminium Specialities Ltd costs [pdf, 109 KB]

   MURRAY KNAPP v LOCKTITE ALUMINIUM SPECIALITIES LIMITED NZEmpC AUCKLAND [2015] NZEmpC 124 [28 July 2015] IN THE EMPLOYMENT COURT AUCKLAND [2015] NZEmpC 124 ARC 53/14 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for costs BETWEEN MURRAY KNAPP Plaintiff AND LOCKTITE ALUMINIUM SPECIALITIES LIMITED Defendant Hearing: On the papers filed on 19...

7. [2020] NZSSAA 9 (5 May 2020) [pdf, 139 KB]

   [2020] NZSSAA 9 Reference No. SSA 78/16 and 144/17 IN THE MATTER of the Social Security Act 1964 and the Social Security Act 2018 AND IN THE MATTER of an Appeal by XXXX of Auckland against a decision of the Chief Executive that has been confirmed or varied by a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY Mr G Pearson - Chairperson Mr C Joe - Member Hearing at AUCKLAND on 22 January 2020 Appearances The Appel...

8. Director of Proceedings v Nelson (Costs) [2014] NZHRRT 33 [pdf, 60 KB]

   ...“unfortunate appearance of ‘overcharging’” and at [205] comment is made on the inappropriate deployment of Right 4(3). [14.2] Second, the Tribunal was much assisted by Dr Phillipa Malpas, senior lecturer in clinical medical ethics at the University of Auckland. Dr Malpas was called by Mrs Nelson, not the Director. [15] We address first the evidence of Dr Malpas. Her appearance as a witness for Mrs Nelson must be seen against the background that the report by the Deputy Health...

9. Bell v McDonnell - Mataimoana (2017) 374 Aotea MB 298 (374 AOT 298) [pdf, 396 KB]

   ...Whanganui Trust D Churton in person Judgment: 12 September 2017 INTERIM JUDGMENT OF JUDGE L R HARVEY Copies to: H Bell PO Box 4035 Whanganui 4541 R Boast, Faculty of Law, Victoria University, PO Box 600, Wellington 6140 richard.boast@vuw.ac.nz B Gilling, Morrison Kent, 105 The Terrace, Wellington 6011 bryan.gilling@morrisonkent.com D Churton, Watershed Road, RD 8, Whanganui 4578 farmcorpfarming@hotmail.com...

10. TR Environmental Law Conference Judge Newhook Paper [pdf, 156 KB]

    ...are very experienced. [8] Until last year, ADR in the Environment Court was voluntary. No party was compelled to participate, but mediation was strongly recommended by case-managing judges with very few exceptions. The voluntary quality followed universal best practice in mediation worldwide. That has now changed in consequence of provisions of the Resource Legislation Amendment Act 2017, two key provisions of which I record: 268 Alternative dispute resolution (1) At any time...