Search Results

1. [2022] NZEmpC 21 Baillie v The Chief Executive of Oranga Tamariki - Ministry for Children [pdf, 222 KB]

   ...has not been stressed. [33] In terms of overall justice, Mr Baillie relies on the submissions on the two other issues and to his swift application to seek interim reinstatement to preserve the status quo. Oranga Tamariki relies on its role in protecting children and young people in its care and notes Mr Baillie’s failure to take responsibility for how the situation unfolded. It submits that prudence and safety favour maintaining the status quo, being that Mr Baillie remains aw...

2. Auckland Standards Committee v Garrett [2011] NZLCDT 29 [pdf, 87 KB]

   ...interest (which include “protection of the public”), to maintain professional standards, to impose sanctions on a practitioner for breach of his/her duties, and to provide scope for rehabilitation in appropriate cases. Tribunals are required to carefully consider alternatives to striking off a practitioner. If the purposes of imposing disciplinary sanctions can be achieved short of striking off then it is the lesser alternative that should be adopted as the proportionate respo...

3. [2013] NZEmpC 214 South Pacific Ltd v Tian [pdf, 75 KB]

   ...Ltd [2011] NZEmpC 139. 3 Regulation 6(2)(a)(ii). 4 EMC Auckland AC15/07, 27 March 2007. overall interests of justice, having regard to the particular circumstances of the case before it. The interests of both parties must be weighed carefully. [7] As the Court of Appeal observed in A S McLachlan Ltd v MEL Network Ltd: 5 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award of costs. That must be taken a...

4. MS v HF LCRO 183/2013 (30 October 2014) [pdf, 42 KB]

   ...cost principle is that the successful party is entitled to costs. It would be unlikely that the Court would award excessive costs in circumstances where it considered that the successful parties counsel had caused unnecessary delay. [37] Having carefully considered all the material on both the New Zealand Law Society and Legal Complaints Review Office files, and the relevant Rules of Conduct, I find no breach of the Rules and therefore endorse the conclusion of the Standards Comm...

5. BORA Births, Deaths, Marriages, and Relationships Registration Amendment Bill [pdf, 316 KB]

   ...and • Establish a new register to record name changes for overseas born people living in New Zealand. ISSUES OF INCONSISTENCY WITH THE BILL OF RIGHTS ACT Section 19: Freedom from Discrimination 5. Section 19(1) of the Bill of Rights Act protects the right to freedom from discrimination on the grounds of discrimination set out in section 21 of the Human Rights Act 1993. These grounds include age and marital status. 6. In our view, taking into account the various domestic and o...

6. GX v TF LCRO 54 / 2011 (9 February 2012) [pdf, 64 KB]

   ...transaction did not go as smoothly as the Applicant may have wished, but I cannot see that this was caused by any wrongdoing on the part of the Practitioner. [20] The Applicant further contended that the Practitioner appeared more concerned about protecting his own risk than the business of the Applicant. This referred to 5 advice given by the Practitioner about appointing an independent trustee, and also steps taken by the Practitioner when the Applicant and his wife separa...

7. [2022] NZEmpC 26 Tupe v The Board of Trustees of Te Manawa O Tuhoe Trust [pdf, 192 KB]

   ...succeed.4 The Court has a broad discretion to consider whether security for costs should be ordered. In exercising that discretion, regard must be had to the overall justice of the case and the respective interests of both parties need to be carefully weighed up.5 That balancing exercise was summarised by the Court of Appeal in AS McLachlan Ltd v MEL Network Ltd as follows:6 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an...

8. Auckland Standards Committee 4 v Holdaway [2022] NZLCDT 49 (22 December 2022) [pdf, 145 KB]

   ...about the effect of publicity on her reputation. From Standards Committee submissions, she is aware that strike-off is being sought as their prime submission. We have managed the publicity aspects short-term by suppression orders. [24] We have carefully weighed the gravity of the interim order on Ms Holdaway before determining that we were satisfied that it needed to be made to give proper effect to the legislative intent. [25] This decision may not be published so long as the int...

9. L Ltd v B Ltd [2024] NZDT 86 (22 February 2024) [pdf, 139 KB]

   ...the money wrongly. 3. The issues to be determined were as follows: a. Was B Ltd legally entitled to take the money from L Ltd in these circumstances, bearing in mind the terms of the contract between the parties, any allegations of a lack of care by L Ltd, or any harsh or unconscionable contractual terms, or behaviour on B Ltd’s part? b. What if anything is payable by B Ltd? Was B Ltd legally entitled to take the money from L Ltd in these circumstances, bearing in mind the te...

10. Equal Pay Amendment Bill [pdf, 303 KB]

    ...Conclusion 25. 11 12 13 oncluded that the Bill appears to be consistent with the Bill of Rights Act. eral Christian Congregation of Jehovah's Witnesses (Australasia) Limited v Royal Commission of Inquiry into Historical Abuse in State Care and in the care of Faith-based Institutions [2024] NZCA 128 at [57]. Christian Congregation, above n 12, at [57]. Westco Lagan v Attorney-General [2001] 1 NZLR 40....