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1. Tweeddale v Pearson [2010] NZWHT Wellington 4 [pdf, 230 KB]

   ...of limiting their exposure to this risk. A claimant may avoid this risk by abstaining from taking legal proceedings; but a party who is sued has no such alternative. It follows that, in fairness, defendants must have the means of gaining some protection from costs by making offers to settle by in some way meeting the claim. Plaintiffs should also have protection where defendants decline reasonable settlement offers. [57] Then there are the “public” aspects of litigation. If...

2. Hall v Opepe Farm Trust (2010) 22 Waiariki MB 47 (22 WAR 47) [pdf, 131 KB]

   ...trust in terms of guarantees was a work in progress; and (k) the trustees were also involved in further discussions over the nitrates discharge allowance and associated implications. [5] Mr Hall emphasised that the interim trustees were working carefully through all of the issues that the Trust had to confront. He also underscored that while they had originally envisaged a shorter timetable for completing the various urgent tasks requiring their attention, because of various delays...

3. Frequently asked questions Victims trust and confidence in the criminal justice system [pdf, 217 KB]

   ...This ensures the interviewer does not see the participant’s responses. How long did the interviews take? Interviews normally take between 20 to 30 minutes. But might be longer for highly victimised people. Is the privacy of participants protected? The information provided to the interviewer is strictly confidential and protected by the Privacy Act 2020. The interviewer cannot discuss information collected with anyone else. Individual responses will never be identified, and a...

4. Bisson - Succession to Alayna Waimana Clark - Lot 1 Deposited Plan 9015 (2021) 431 Aotea MB 107 (431 AOT 107) [pdf, 241 KB]

   ...hapū: 1 Whakatāne MB 5 (1 WHK 5). See also 4 Whakatāne MB (4 WHK) and 36 Judge Scannell MB (36 JSCA) 431 Aotea MB 114 understandable and appropriate. It is the hapū who are the custodians of tribal lands and who will often seek to protect those interests from being alienated outside of hapū oversight. [24] That Otaraua may have been named in the will of Alayna is also entirely understandable. That they then took no steps to oppose their substitution is more uncl...

5. National Standards Committee 2 v Paulson Wilson [2021] NZLCDT 16 (14 May 2021) [pdf, 177 KB]

   ...breach of the relationship of trust (both with her employer and the Corrections Department) and the degree of deception involved. [31] Having established the level of seriousness we consider the purposes of penalty. The primary purpose is the protection of the public7. Then there is the purpose of the protection of the reputation of the profession. It is in respect of this latter subject, that we note with concern the practitioner’s view that she only brought herself into disr...

6. LCRO 100/2020 FT v D and O CM (9 June 2020) [pdf, 177 KB]

   ...decision maker considers it both necessary or desirable to do so, it inevitably follows that applicants are required to provide explanation of their circumstances. [57] The evidential burden on applicants should not, consistent with the consumer protection focus of the Act, be unduly onerous, but nor should the burden be negligible. [58] An applicant’s failure to lodge their application in time must be demonstrably linked to circumstances which, examined reasonably and carefully, wo...

7. [2022] NZIACDT 8 - IF v Registrar (2 May 2022) [pdf, 111 KB]

   ...October 2021. 5 [25] The Registrar found the adviser’s failure to check the expiry date to be a potential breach of cl 1 of the Licensed Immigration Advisers Code of Conduct 2014 (the Code), being a failure to exercise diligence and due care. [26] Furthermore, there were some delays with the adviser reviewing documents and responding to emails, which the Registrar considered might also disclose a breach of cl 1. He set out three examples. [27] The Registrar then liste...

8. Human-Rights-Commission-Re-Hendrie.pdf [pdf, 511 KB]

   ...Mrs Nancy Ruth Hendrie. In July 1987 Mrs Hendrie was admitted to the Ashburton Hospital for elective surgery to correct a nerve problem in her arm. In the course of the operation she suffered a cardiac arrest. She was transferred to intensive care in Christchurch, but sadly on 13 July she died. The inquest into her death commenced on 9 October 1987 and after continuing through the next day it was adjourned' 2. to 12 November. On the first days, some attention had been directe...

9. [2024] NZIACDT 27 - INZ v Tran (20 November 2024) [pdf, 230 KB]

   ...[33] No party seeks an oral hearing. ASSESSMENT [34] The Registrar relies on the 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. Client Care 2. A licensed immigration adviser must: … e. obtain and carry out the informed lawful instructions of the client, and 6 Section 51(1). 7 Z v Dental Complaints Assessment Committee [2008] N...

10. Appendices (Abortion Supervisory Committee) [pdf, 2.8 MB]

    ...when the licence was issued: (b) In the case of any other institution, the person who is for the time being in charge of the institution, whether or not that person was in charge of it when the licence was issued: hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001 Hospital Board: Definition repealed. institution means any hospital, clinic, or other premises in which it is proposed to per...