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...practitioner 67% 33% 0% 20% 40% 60% 80% Practising on your own account An employee 21% 16% 28% 21% 14% 0% 10% 20% 30% Up to 5 years 6–10 years 11–20 years 21–30 years More than 30 years 1% 4% 5% 90% 0% 20% 40% 60% 80%100% Court of Appeal / Supreme Court High Court Family Court / other District Court LEGAL AID PROVIDERS SURVEY: OCTOBER - NOVEMBER 2011 Page 22 H E A D E R – E V E N P A G E H e a d in g 2 – E v e n p a g e Fig...
...Scope of Review [35] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:7 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...
...scope of review [45] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:11 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...
...10063 v Jenner Real Estate Ltd [2012] NZREADT 68. There, we followed our earlier decision in Cooke v CAC 10031 [2011] NZREADT 27, and noted with approval the following definition of misconduct, set out in a decision of the New South Wales Court of Appeal, Pillai and Messiter (No 2) (1989) 16 NSWLR 197: “Professional misconduct does not arise where there is mere professional incompetence nor deficiencies in the practice of the profession by a practitioner. More is required. Such mi...
...scope of review [51] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:12 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for th...
...essentially supervisory and I think that the responsibility should be treated as being significantly less than that of the principal author of the damage. 8.10 In the case of Mount Albert Borough Council v Johnson [1979] 2 NZLR 234 the Court of Appeal considered a similar situation, where the owner of a defective building succeeded against the builder and the local authority.The Court apportioned responsibility between these two defendants as 80% to the Builder and 20% to the C...
...of the instances he had in fact been paid but had overlooked paying the expert. [30] Furthermore, in relation to Charge 1, Mr King pointed out that the two findings of unsatisfactory conduct which are identical to this finding are the subject of appeal to the LCRO and it was submitted they should not be taken into account. They are of course findings which currently stand until reversed by the LCRO. We do not consider we are precluded from taking account of them and the pattern wh...
...scope of review [31] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:8 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...
...Succession MB 132 on 25 February 1992 - Application to the Chief Judge A20210008483 58/93 Rachel Witana Omapere Taraire E & Rangihamama X3A Ahu Whenua Trust and an order varying a trust at 229 Taitokerau MB 133-160 (19 April 2021) - Notice of Appeal A20210008931 45/93 Renee Mary Panapa CJ 2021/29 - Tane or Tame Metua - Lot 3A2 Parish of Katikati - and a succession order made at 32 Tauranga MB 10, 11-12 on 17 February 1972 - Application to the Chief Judge A20210009207 45/...
...On the facts, health and safety considerations may prove pivotal – but the analysis must take into account all the circumstances including any procedural issues. 11 Air New Zealand Ltd v Samu [1994] 1 ERNZ 93 (NZEmpC) at 95, confirmed on appeal in Samu v Air New Zealand Ltd [1995] 1 ERNZ 636 (CA). 12 Health and Safety at Work Act 2015, ss 16, 61(3)(g) and 97; Employment Relations Act 2000, ss 103(j)(ii) and 110A. 13 Hooper v Coca-Cola Amatil (NZ) Ltd [2012] NZEmpC 11, (20...