Search Results

1. [2020] NZEmpC 58 Kennedy v Chief Executive of Oranga Tamariki – Ministry for Children [pdf, 208 KB]

   ...made, will be made following the investigation meeting. Ms Kennedy will have a further opportunity to address the Authority on any application that Oranga Tamariki might make in that regard. [22] In the second minute, Member MacKinnon has made careful directions for the hearing of Ms Kennedy’s evidence and also has allowed for further discussion on additional protections that may be put in place. The directions are appropriate. Costs are reserved [23] If Oranga Tamariki se...

2. Baigent v ACC [2011] NZACA 3 [pdf, 166 KB]

   ...October 2002; (ii) The intended point of law must be ‘capable of bona fide and serious argument’ to qualify for the grant of leave: e.g.; impact manufacturing reported, Doogue J, HC Wellington, AP 266/00, 6 July 2001; 3 (iii) Care must be taken to avoid allowing issues of fact to be dressed up as questions of law; appeals on the former being proscribed: e.g. Northland Cooperative Dairy Co Limited v Ropana [1991] 1ERNZ 361, 363 (CA); (iv) Where an appe...

3. [2022] NZEmpC 26 Tupe v The Board of Trustees of Te Manawa O Tuhoe Trust [pdf, 192 KB]

   ...succeed.4 The Court has a broad discretion to consider whether security for costs should be ordered. In exercising that discretion, regard must be had to the overall justice of the case and the respective interests of both parties need to be carefully weighed up.5 That balancing exercise was summarised by the Court of Appeal in AS McLachlan Ltd v MEL Network Ltd as follows:6 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an...

4. [2022] NZIACDT 11 - BU v McCarthy (18 May 2022) [pdf, 193 KB]

   ...it, uphold it but take no further action or uphold it and impose one or more sanctions.5 [24] The sanctions that may be imposed by the Tribunal are set out in the Act.6 The focus of professional disciplinary proceedings is not punishment but the protection of the public.7 [25] It is the civil standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ...

5. LCRO 119/2021 FE v AD of [Firm 1] (14 October 2022) [pdf, 267 KB]

   ...relating to Mr FE; and (c) in the course of acting for the company, there was no requirement for him, or obligation on him, to advise Mr FE concerning the $700,000 loan advance; and 1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). 4 (d) whilst he had acted for Mr FE’s company, he had never acted for Mr FE in his personal capacity; and (e) he held no information confidential to Mr FE, which could have had potential to affect M...

6. ENVC paper Judicial perspective mobile devices in court 2013 [pdf, 40 KB]

   ...not offering the intuitive qualities of Apple iPads, and do not offer the ease of use that is so important for “users of a certain age”. I understand that there are some security limitations with these devices. Security stops at password protection (not encryption). Having said that, I have not yet investigated options, for instance I understand there is an App called iFortress. Meantime, I simply do not use the iPad to draft judgments (I don’t want to leave it on the plane c...

7. Auckland Standards Committee 4 v Holdaway [2022] NZLCDT 49 (22 December 2022) [pdf, 145 KB]

   ...2022 COUNSEL Mr P Davey for the Standards Committee Ms V Wethey and Ms M Fee for the Respondent Practitioner 2 DECISION OF THE TRIBUNAL RE INTERIM SUSPENSION [1] An important purpose of the Tribunal’s disciplinary duties is to protect the interests of the public and thereby maintain public confidence in the provision of legal services.1 To achieve that purpose, among others, the Lawyers and Conveyancers Act 2005 (the Act) provides what it terms a “more responsive...

8. BORA Taxation (Annual Rates, Business Taxation, Kiwisaver, and Remedial Matters) Bill [pdf, 387 KB]

   ...the Income Tax Act 2004, the Income Tax Act 1994, the Tax Administration Act 1994, the KiwiSaver Act 2006, and the Goods and Services Tax Act 1985. CONSISTENCY WITH SECTION 19 OF THE BILL OF RIGHTS ACT 5. Section 19(1) of the Bill of Rights Act protects the right to freedom from discrimination on the grounds of discrimination set out in section 21 of the Human Rights Act 1993, including age (which means any age of 16 years old and over). 6. Taking into account the various domestic an...

9. Doria v Diamond Laser Medispa Taupo Ltd (Strike-Out Application) [2018] NZHRRT 50 [pdf, 236 KB]

   ...defendants applied to have the proceedings struck out. The central issue in this decision is whether the Tribunal lacks jurisdiction to deal with the claim because it constitutes a parental leave complaint under the Parental Leave and Employment Protection Act 1987 (PLEPA). Background [2] Diamond Laser Medispa Taupo Limited (Diamond Laser) is a registered company operating as a beauty spa and skin clinic in Taupo. [3] Olivia Blakeney-Williams is a shareholder and manager of Dia...

10. Vertongen v The Real Estate Agents Authority (CAC 413) and Dunlop [2018] NZREADT 44 [pdf, 235 KB]

    ...would be required and the Tribunal has proceeded accordingly. [5] The Committee found that the appellant failed to act in good faith or deal fairly with the vendor, contrary to r 6.2 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules), as he should have exhausted all avenues of contacting the vendor before incurring significant cost. The appellant challenges this finding on appeal. The broad grounds for the appeal will be considered at the a...