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1. Q v I [2018] NZIACDT 16 (18 June 2018) [pdf, 214 KB]

   ...Disciplinary Tribunal (HPDT) in Re Tolland [2010] NZHPDT 325 (9 September 2010). The HPDT observed at [39]: Negligence, in the professional disciplinary context, does not require the prosecution to prove that there has been a breach of a duty of care and damage arising out of this as would be required in a civil claim. Rather, it requires an analysis as to whether the conduct complained of amounts to a breach of duty in a professional setting by the practitioner. The test is whether...

2. K v I [2018] NZIACDT 22 (18 June 2018) [pdf, 214 KB]

   ...Disciplinary Tribunal (HPDT) in Re Tolland [2010] NZHPDT 325 (9 September 2010). The HPDT observed at [39]: Negligence, in the professional disciplinary context, does not require the prosecution to prove that there has been a breach of a duty of care and damage arising out of this as would be required in a civil claim. Rather, it requires an analysis as to whether the conduct complained of amount to a breach of duty in a professional setting by the practitioner. The test is whether o...

3. Q v I [2018] NZIACDT 18 (18 June 2018) [pdf, 213 KB]

   ...Tribunal (HPDT) in Re Tolland [2010] NZHPDT 325 (9 September 2010). The HPDT observed at [39]: 6 Negligence, in the professional disciplinary context, does not require the prosecution to prove that there has been a breach of a duty of care and damage arising out of this as would be required in a civil claim. Rather, it requires an analysis as to whether the conduct complained of amount to a breach of duty in a professional setting by the practitioner. The test is whether...

4. [2024] NZIACDT 27 - INZ v Tran (20 November 2024) [pdf, 230 KB]

   ...Tribunal [2017] NZHC 376 at [93]. 5 Immigration Advisers Licensing Act 2007, s 50. 6 [28] 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 [29] 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. Wellington Standards Committee 1 v King [2024] NZLCDT 46 (18 December 2024) [pdf, 105 KB]

   ...King’s actions and failures in acting for Mr H would be regarded by lawyers of good standing as disgraceful or dishonourable. [22] In addition, as submitted by Ms Town, Ms King can be seen to have breached a number of the Conduct and Client Care Rules.5 [23] She breached her duty of honesty and fidelity to the Court (r 13.1). [24] Ms King also breached r 13.3 by failing to obtain her client’s instructions on significant decisions in respect of litigation. She also breache...

6. [2017] NZEnvC 205 Ahureka Trustees no 2 Ltd v Auckland Council [pdf, 4.5 MB]

   ...1. A "hamlet" of 186 households and associated non-residential sites, occupying 16.47ha. The non-residential uses include a community hall/building, hotel/bar and restaurant, two retail units and three commercial units; 2. Areas to be protected by covenant, totalling 33.8Sha (of which 12.99ha is existing native vegetation and 20.86ha is proposed revegetation); 3. An area of exotic pine to be retained (O.4ha); 4. A balance area calculated by Ms de Lambert as being 41.S8ha t...

7. He Hīnātore ki te Ao Māori: A glimpse into the Māori world [pdf, 1.1 MB]

   ...within Te Ao Mäori possess mana and tapu to varying degrees. • Tapu acts as a corrective and coherent power within Mäori society. It acted in the same way as a legal system operated with a system of prohibitory controls, effectively acting as a protective device. Everyone was required to protect their own tapu and respect the tapu of others. • Mana was inherited through a direct link to tïpuna and the käwai tïpuna, and can also be acquired by an individual throughout the cour...

8. Wall v Fairfax New Zealand Ltd [2017] NZHRRT 17 [pdf, 1.1 MB]

   ...targeted to lower income families. Those initiatives included $100 million to extend the home insulation programme, $24 million for rheumatic fever prevention, $41 million for early childhood education for vulnerable children and $35 million for carers of children. [18] It was against this background that the two cartoons appeared in The Marlborough Express and The Press on 29 May 2013 and 30 May 2013 respectively. THE TWO CARTOONS [19] The two cartoons the subject of the present pr...

9. [2018] NZEnvC 087 Okura Holdings Limited & Others v Auckland Council [pdf, 11 MB]

   ...Local Government (Auckland Transitional Provisions) Act 2010 ZHI LI, JING NIU AND WEill YANG (ENV-2016-AKL-000196) Appellants OKURA HOLDINGS LIMITED (ENV-2016-AKL-000211 ) Appellant AUCKLAND COUNCIL Respondent ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED and LONG BAY-OKURA GREAT PARK PROTECTION SOCIETY INCORPORATED and OKURA RURAL LANDOWNERS GROUP Section 274 parties Environment Judge BP Dwyer Environment Commissioner RM Bartlett Environmen...

10. Worker-Exploitation-in-NZ-Enforcement-and-Commentary-Paper.pdf [pdf, 313 KB]

    ...the following sectors as being at risk for worker exploitation:5 • Construction; • dairy industry; • fishing; • horticulture and viticulture; • hospitality; • international education; • prostitution; • health and aged care; and • retail. 3 “Consultation on Modern Slavery and Worker Exploitation” (8 June 2022) Ministry of Business, Innovation and Employment <www.mbie.govt.nz>. 4 Ministry of Business, Innovation and Employment Combatting M...