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1. Pokere v Bodger - Ōuri 1A3 (2022) 459 Aotea MB 210 (459 AOT 210) [pdf, 585 KB]

   ...course of these proceedings the trustees gave an undertaking that they would not fully demolish the Whare until further order of the Court. [4] We address tikanga because tikanga underpins the applications we must determine. We do so in a careful manner to allow tikanga to speak in its own context, and not one cloaked exclusively by a western legal construct.5 To assist in achieving this level of care, Dr Ruakere Hond was appointed by the Court as a Pūkenga per s 32...

2. Director of Proceedings v IDEA Services Ltd [2022] NZHRRT 2 [pdf, 690 KB]

   ...has breached the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 (“the Code”) in respect of: (i) Right 4(1) by failing to provide services to the aggrieved person with reasonable care and skill; (ii) Right 4(4) by failing to provide services in a manner that minimised the potential harm to, and optimised the quality of life of, the aggrieved person; and (iii) Right 6(1) by failing to provide the aggrieved person wit...

3. Stanimirovic v Levarko [2018] NZIACDT 3 (7 February 2018) [pdf, 350 KB]

   ...clients, prepare immigration applications, send them to the licensed immigration adviser to sign off and file them with Immigration New Zealand (INZ). This Tribunal has made it clear the activity is unlawful, deprives potential migrants of the protections afforded by the Immigration Advisers Licensing Act 2007 (the Act) and accordingly raises serious professional conduct issues for any licensed immigration adviser involved in the practice. The gravity is underlined by the fact the a...

4. LCRO 104/2019 RY v DN (1 May 2020) [pdf, 273 KB]

   ...in the circumstances, prompt cause for him to recommend that the parties obtain independent advice; and (t) his reporting to the parties was adequate; and (u) his conduct did not fall into the category of unsatisfactory; and (v) in his 40-year career in general practice, this was the first occasion he had faced a disciplinary complaint. [32] The Committee identified the issues to be addressed as whether: (a) Mr DN by acting for all the partners of the partnership and Mr EJ (via hi...

5. Kai Tahu Ki Otago - EiC - E Ellison - Culture (5 Feb 2021) [PDF, 1.3 MB]

   ...supported by them. Tribal whakapapa gives rise to a spiritual relationship and respect for the mauri (life force) evident in wai māori, and to the rights inherent in rakatirataka and the associated and fundamental duties of kaitiakitaka. 8. The protection of the wāhi tūpuna (cultural landscapes) that reflect the long history and traditions associated with the settlement of Otago by Kāi Tahu whānui is sought by mana whenua. 9. Following shortly after the signing of Te T...

6. [2018] NZEmpC 151 Ovation New Zealand Ltd v The New Zealand Meat Workers and Related Trades Union Inc [pdf, 1.3 MB]

   ...relates to payment of rest breaks for piece workers who are employed at three meat processing plants, for which provision is made in Part 6D of the Employment Relations Act 2000 (the Act). The second relates to whether the donning and doffing of protective clothing and equipment at the beginning and end of each shift, and at rest and meal breaks, is “work” for the purposes of s 6 of the Minimum Wage Act 1983 (MWA). The proceedings were initiated by Ovation New Zealand...

7. BORA Prisoners’ and Victims’ Claims (Continuation and Reform) Amendment Bill [pdf, 425 KB]

   ...restrictions, such as attachment and set-off, as any other civil claim. 4.2 To the extent the amendments in the Bill relating to unlawful detention claims may have a retrospective effect, no issue arises under s 26 of the Bill of Right Act. That only protects against retrospectivity in relation to criminal offences and penalties. 4.3 The differential treatment of prisoners does not raise any issue with s 19 of the Bill of Rights Act as status as a prisoner is not a prohibited gr...

8. Flight v Fletcher - Waipapa 1D 2B 3B [2017] Māori Appellate Court MB 96 (2017 APPEAL 96) [pdf, 220 KB]

   ...Introduction [1] For close to 30 years Mr Flight has been living in a house on Māori Freehold land administered by the Waipapa and Tokaanu Māori Lands Trust. Previously his parents and grandparents had occupied the house. Mr Flight cares for a dependent son with a chronic illness and cannot afford to live elsewhere. [2] In May 2016 Judge Harvey granted the trust a permanent injunction requiring Mr Flight to remove the dwelling. 1 The Judge described it as a very difficu...

9. LCRO 253/2015 SL v NA (28 June 2019) [pdf, 249 KB]

   ...$126,366.21, were not paid. [6] Mr NA lodged his complaint with the Lawyers Complaints Service on 29 January 2014. His complaint was simply that Mr SL was in breach of r 10.7 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) for failing to pay the outstanding amount. Mr SL’s response [7] Mr SL’s response to the complaint, dated 11 March 2017, included: • “From the outset Mr NA knew that payment of his fees was based on the...

10. LCRO 178-2016 KO v RT [pdf, 262 KB]

    ...(b) “[T]o attend the designated examination” as requested in the 1 April Notice of Examination. [8] In doing so, Mr RT alleged that Mr KO had breached s 261 of the CA, and the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules). Standards Committee decision [9] The Committee delivered its decision on 23 June 2016 and determined, pursuant to s 152(2)(b) of the Lawyers and Conveyancers Act 2006 (the Act), that in contravention of r 12...