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1. Family violence reform paper 3: Prosecuting family violence [pdf, 537 KB]

   ...in part to address the perceived limitations of the criminal law. By the 1990s attitudes in the criminal justice system reflected these wider changes. 2 5. In Taueki 1 (the sentencing guideline judgment for serious violence) the Court of Appeal recognised that family violence was a major problem in New Zealand society. The Court stated that assault committed in a domestic context should not be treated any less seriously than other types of violence. 6. Family violence now makes...

2. Wellington Standards Committee v Hirschfeld [2014] NZLCDT 48 [pdf, 144 KB]

   ...[78] In relation to the Comeskey decision Mr Harrison again submitted that this ought to be distinguished (nine months suspension having been imposed) on the basis that there were other serious misconduct charges, such as misleading the Court of Appeal and failures to a client. [79] In Mr Hirschfeld’s case, Mr Harrison emphasised, only one aspect of his practice, that is his invoicing, was under scrutiny. 14 See footnote 9. 15 See...

3. [2021] NZEmpC 177 Allison v Ceres New Zealand LLC [pdf, 267 KB]

   ...therefore, necessary to interpret the section adaptively. The Court is also empowered to consider any other factors it thinks appropriate and that may have a bearing on applying s 103A(3).6 [15] In Grace Team Accounting v Brake the Court of Appeal held that if an employer can show the redundancy is genuine (where genuine means the decision is based on business requirements and is not a pretext for dismissing a disliked employee), and that the notice and consultation requirements...

4. Matchitt v Livesey - Parekura Hei Roadway (2003) 81 Ōpōtiki MB 178 (81 OPO 178) [pdf, 989 KB]

   ...Parekura Hei Road. CONCLUSION In conclusion, Parekura Hei Road is a private road and not a public road. To that extent Hauhangaroa 2C Block v The Attorney-General & Anor [1973] NZLR 389 (CA) applies. This is because in that case the Court of Appeal recognised that a Maori roadway remains just that unless properly proclaimed otherwise. The roadway is Maori land and it is owned by the heirs and successors in title to the original owners of the T e Kaha block. That effectively means m...

5. FV Reform Paper 3 Prosecuting [pdf, 521 KB]

   ...in part to address the perceived limitations of the criminal law. By the 1990s attitudes in the criminal justice system reflected these wider changes. 2 5. In Taueki 1 (the sentencing guideline judgment for serious violence) the Court of Appeal recognised that family violence was a major problem in New Zealand society. The Court stated that assault committed in a domestic context should not be treated any less seriously than other types of violence. 6. Family violence now makes...

6. Te Manutukutuku 73 [pdf, 9.5 MB]

   ...the prin- cipal of Tamatekapua Law and has an extensive background in resource management and the Treaty sector. She has supported whānau, hapū, and iwi claimants in several Waitangi Tribunal inquiries. She was a mem- ber of the Refugee Status Appeals Authority, deputy chair of the Medical Practitioners Disciplinary Tribunal, and a director of First Health NZ Ltd (a Southern Cross NZ Ltd subsidi- ary). In 2000, the Minister of Health appointed her to represent the inter- ests of M�...

7. [2014] NZEmpC 93 Prime Range Meats Limited v McNaught [pdf, 108 KB]

   ...to work effectively disposes of the principal issues raised in Mr McNaught's cross-challenge. Ms Lodge submitted that Mr McNaught's alleged constructive dismissal claim fell into the third category of conduct described by the Court of Appeal in Auckland etc Shop Employees Union v Woolworths (NZ) Ltd, namely, conduct involving a breach of duty by the employer which leads an employee to resign. 5 In counsel's words: 10. We submit the procedural failings of the pla...

8. [2022] NZIACDT 7 - TA v Tian (27 April 2022) [pdf, 211 KB]

   ...following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Futile immigration matters 9. If a proposed application, appeal, request or claim is futile, grossly unfounded, or has little or no hope of success, a licensed immigration adviser must: a. advise the client in writing that, in the adviser’s opinion, the immigration matter is futile, grossly...

9. [2020] NZEmpC 167 Noble v Ballooning Canterbury.com Ltd [pdf, 287 KB]

   ...Analysis [70] The Supreme Court has made it clear that unless there are exceptional reasons, costs should follow the result: Shirley v Wairarapa District Health Board.26 [71] The Court went on to refer to dicta from the English Court of Appeal which discussed when it may be permissible to depart from the ordinary course, in Forster v Farquhar, where Bowen L J had said:27 We can get no nearer to a perfect test than the inquiry whether it would be more fair as between the pa...

10. [2021] NZIACDT 26 - RH v Ji - Sanctions (23 December 2021) [pdf, 277 KB]

    ...6 Labour costs $5,670.00 Lost wages $45,745.00 Lost reputation/credibility with Immigration NZ $5,000.00 [22] An explanation for these losses and expenses was provided by the complainant: (1) The legal fees of $9,372.50 were for the appeal against Immigration NZ’s letter of 27 May 2020 questioning her credibility. (2) The further legal fees of $625.03 were for consultations regarding the investigation of Mr Ji. (3) The labour costs of $5,670 were for the time of the c...