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1. Turner v University of Otago (Costs) [2021] NZHRRT 48 [pdf, 250 KB]

   ...Tribunal’s discretion to award costs must promote, not negate the objects of the relevant statute under which it has jurisdiction. In that case the purpose of the Human Rights Act 1993 (HRA), as expressed in the Long Title, was noted to be the “better protection of human rights in New Zealand in general accordance with the United Nations Covenants or Conventions on Human Rights”. The purpose of the Privacy Act 1993 (PA 1993), as explained in the Long Title, included the promotion a...

2. LCRO 109/2023 W and F JM v EB and MK [pdf, 221 KB]

   ...conduct that potentially falls within the ambit of the rule. One of the examples given is “registering a caveat on a title to land knowing that (or failing to inquire whether) there is not a ‘caveatable interest’ on the part of the client to be protected” (sic). [42] The reason this is given as an example in the footnote to the rule is that there is case authority and commentary on the obligations of a lawyer in receiving instructions to lodge a caveat, as discussed below. [...

3. [2020] NZIACDT 50 - KX v Ji (2 December 2020) [pdf, 225 KB]

   ...immigration advice, and to enhance the reputation of New Zealand as a migration destination, by providing for the regulation of persons who give immigration advice. [33] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:5 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish...

4. LCRO 139/2017 ML v OP QR [pdf, 290 KB]

   ...Act, which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [29] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that necess...

5. Alchin and Scott TRI 2020-100-001 [2022] NZWHT AUCKLAND 01 [pdf, 374 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2020-100-001 [2022] NZWHT AUCKLAND 01 BETWEEN ROSEMARY ALICE ALCHIN and SIMON FRANCIS SCOTT Claimants AND HAMILTON CITY COUNCIL Respondent Hearing: 6 and 7 May 2021 and 21 October 2021 Closing submissions: Claimants 11 November 2021 Respondents 25 November 2021 Claimants reply 2 December 2021 Appearances: Scott McKenna and Amin Osama for the claimants Paul Robertson and John Tian for the first respondent

6. [2012] NZEmpC 97 Doran v Crest Commercial Cleaning Ltd [pdf, 224 KB]

   ...Kiely and Mere King, counsel for the defendant Judgment: 21 June 2012 JUDGMENT OF THE FULL COURT [1] Part 6A of the Employment Relations Act 2000 (the Act) came into force on 1 December 2004 1 . Its stated object 2 is to “provide protection to specified categories of employees if, as a result of a proposed restructuring, their work is to be performed by another person”. To this end, Part 6A gives “the employees a right to elect to transfer to the other person as...

7. Te Manutukutuku 73 [pdf, 9.5 MB]

   ...the appointment of three new members, the hearings of the Te Ātiawa/Ngāti Awa ki Kapiti claims, the end of the hearings in stage 2 of the National Freshwater and Geothermal Resources Inquiry, the hearing of claims concerning the primary healthcare sys- tem, and the preliminary views of the Taihape Tribunal on the issue of land- locked Māori land.  Tribunal member Dr Aroha Harris presents claimant John Kati with parts 1 and 2 of Te Mana Whatu Ahuru 2 The second half of 2018 ha...

8. FINAL-2021-Research-Memorandum-Witness-Familiarisation.pdf [pdf, 300 KB]

   ...https://doi.org/10.2202/1554 7 United Kingdom 19. In the United Kingdom, two leading cases on the permissible bounds of witness preparation are R v Salisbury14 and R v Momodou15. In Salisbury, a nurse was convicted of attempting to murder patients in her care. The prosecution had called a number of witnesses who had attended a witness training course arranged by their employer, the mid-Cheshire NSH Hospital Trust. The trial judge (who was upheld by the Court of Appeal) allowe...

9. LCRO 72/2022 ND v TC and MB ( [pdf, 244 KB]

   ...statement prepared and forwarded to him on that day. [30] Mr TC says that “at all times in my firm and in particular, Principal, Mr TC and Associate, Mr MB, have acted in accordance with our obligations under the lawyers Conduct and Client Care Rules 2008”. The Standards Committee determination [31] The Standards Committee identified the following issues for consideration:9 (a) Whether Messrs TC and MB acted in a competent and timely manner, as required by [r] 3 of the [La...

10. BP v YF LCRO 142 / 2010 (24 March 2011) [pdf, 98 KB]

    ...estimates. Rule 9.4 of the Client Care Rules obliges a lawyer to provide an estimate of fees if required, and to inform the client promptly if it becomes apparent that the fee estimate is likely to be exceeded. This rule reflects the consumer protection objectives of the Act as set out in s3(b). If the requirement to provide estimates is not reinforced by a requirement to have care when doing so, and an obligation to adhere to them as closely as possible (unless circumstances deve...