Search Results

1. NZ Private Prosecution Service Ltd v Key (Strike-Out Application) [2015] NZHRRT 48 [pdf, 157 KB]

   ...the period from August 2014 to April 2015 by “repeatedly pulling [her] hair”. It is alleged the harassment continued despite a complaint by Ms Bailey to the defendant, to her employer, to the defendant’s wife and to members of the Diplomatic Protection Squad who accompanied the Prime Minister. [47] It is plain from the allegations made in the statement of claim that the alleged acts occurred when the defendant was a customer of or visitor to Ms Bailey’s place of work. Both befo...

2. Proactive release - Prohibiting conversion practices [pdf, 3.9 MB]

   ...could Proa cti ve ly Rele as ed 5 protect both some forms of conversion practices (such as talk therapy) and the freedom to express one’s identity in the form of sexuality or gender in order to fully participate in society. 22. We have carefully designed our options to account for the rights involved and to be proportionate. We have considered the behaviours to be captured by a prohibition, the kind and scale of penalties to apply for particular behaviours or persons, and the...

3. [2015] NZEmpC 123 D’Arcy-Smith v Natural Habitats Ltd [pdf, 174 KB]

   ...the offer of casual labour-only contract work, at $18 per hour and on the same nominal hours as other contract workers on the site. The requirement to provide an invoice was reiterated and Mr D’Arcy-Smith was advised that he would need to take care of his own tax arrangements. Mr Stevenson says that Mr D’Arcy-Smith agreed to this proposal. Mr Stevenson says that there was a further discussion about invoices after Mr D’Arcy-Smith had started work, during which he asked what...

4. [2015] NZEmpC 194 Tuala v Linfox Logistics (N.Z.) Ltd [pdf, 122 KB]

   ...subject to such conditions, including conditions as to the giving of security, as the Court thinks fit to impose. [20] In Duncan v Osborne Buildings Ltd, the Court of Appeal stated in relation to an application for stay: 2 … [I]t is necessary carefully to weigh all of the factors in the balance between the right of a successful litigant to have the fruits of a judgment and the need to preserve the position in case the appeal is successful. Often it is possible to secure an int...

5. TE v Wellington Standards Committee LCRO 100/2010, 92/2011, 153/2012 (1 February 2013) [pdf, 126 KB]

   ...reach a finding of misconduct - that is a charge that may only be brought before the Tribunal.12 [82] A finding by the Standards Committee that a bill of costs is not fair and reasonable constitutes a breach of rule 9 of the Conduct and Client Care Rules.13 The term “unsatisfactory conduct” is defined in section 12 of the Act and includes by reason of section 12(c) “conduct consisting of a contravention of this Act, or of any regulations or practice rules made under this Ac...

6. CH v DX LCRO 296 / 2012 (10 October 2013) [pdf, 100 KB]

   ...of decision- 6 Standards Committee Determination (5 October 2012). 5 making. b. The public interest required consideration of the extent to which publication would provide some degree of protection to the public and the profession. See S v Wellington District Law Society [2001] NZAR 465, at p469. c. The common law of New Zealand recognised the major interest in openness of proceedings before courts and tribunals. The val...

7. [2021] NZEnvC 056 Smith v Nelson City Council [pdf, 936 KB]

   ...22. If persistent soft and wet areas or slide planes are identified during the earthworks these shall be shall be undercut and replaced with compacted hard fill unless not-deemed necessary by the geotechnlcal engineer. Earthworks - removal of existing protection measm·es 23. The existing slope protection measures Installed across the toe of the landslide which are providing protection to downslope properties shall be maintained, (or, with specific review and certification from the geotechnl...

8. COVID-19 Communications to Family Violence Providers [pdf, 321 KB]

   ...for using it. 6 • Protect your identity: When using audio and video sharing apps it’s important to protect yourself by not sharing any personal information about yourself with the app or other users if you don’t know. Stop and think carefully about the details you’re disclosing or whether they need to be entered online. Q: How do I record the amount of time I am spending with clients? All client work should be recorded in client files and agency systems. The amount of...

9. [2024] NZREADT 35 – CAC 2108 v Barfoot Thompson (20 September 2024) [pdf, 143 KB]

   ...and salespersons: (b) raising industry standards: (c) providing accountability through a disciplinary process that is independent, transparent, and effective. [32] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:2 …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 t...

10. Summary of submissions on Phase Two of the AML/CFT reforms [pdf, 700 KB]

    ...legal professional privilege should be available.  The concept of ‘privileged communication’ is too narrow. 16  The Act is inconsistent with the Evidence Act 2006 and the Search and Surveillance Act 2012.  There needs to be careful consideration of the protection of legal professional privilege if onsite inspections of lawyer’s offices are undertaken.  There needs to be greater clarity on where the line between legal professional privilege and AML/CFT obli...