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1. Waikato Bay of Plenty Standards Committee 1 v Campion [2019] NZLCDT 20 [pdf, 582 KB]

   ...as a trustee? Issue 3 1. If he was found to be a lawyer and to be in default of a request to resign as a trustee: (a) Does this constitute a wilful or reckless breach of r 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008? or 4 (b) Is it conduct which would be regarded as disgraceful or dishonourable, such as to be misconduct?3 (c) If not misconduct, is the conduct “unprofessional” such as to fall within the definition of unsatis...

2. National Standards Committee 1 v Deliu [2016] NZLCDT 27 [pdf, 480 KB]

   ...We deal with the first two together as they are closely related. 1.01 [The practitioner] incompetently argued for the parents to represent their children, when the parents had previously been found by the Family Court to be unfit to have the care of their children. 1.02 Without having reasonable grounds to do so, [the practitioner] made an application for the removal of … the litigation guardian, during the course of a telephone conference held on 13 February 2008 before...

3. Victims Code report PDF [pdf, 424 KB]

   ...consultation was carried out and collated. Respondents commented that visibility, accessibility and educational initiatives were key factors to consider when launching the Victims Code. • Governments throughout the world have gone a long way to protect the rights of crime victims in their domestic legislation and practices, yet many countries’ victims’ rights or codes also remain non-enforceable with no penalties for non-compliance. Similarly, the principles of...

4. Tribunal Guidelines [pdf, 674 KB]

   ...Commerce Commission, Electoral Commission, Independent Police Conduct Authority and the Financial Markets Authority. • They are appropriate where absolute public confidence in the decision-maker is paramount, and where the decision-maker needs to be protected against easy dismissal and not required to have regard to government policy. • They are governed by the Crown Entities Act 2004 and their own enabling legislation, and have control of their own finances and processes. • Fo...

5. [2018] NZEnvC 190 Jacks Point v Queesntown Lakes District Council [pdf, 7.1 MB]

   ...of a proposed plan would have 14 15 ,. Joint Parties' submissions, at [45] . For example, as again enunciated recently in Toomey v Thames-Coromandel District Council [2017] NZEnvC 199, at [14] (Judge Kirkpatrick) ; Royal Forest and Bird Protection Society of New Zealand Inc v Southland District Council [1997] NZRMA 408 at 41 3 (HC). Simons Hill Station LId v Royal Forest and Bird Protection Society of New Zealand Inc. [2014] NZRMA 501 at [39] (HC). 10 no cause to appeal....

6. 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...

7. [2018] NZEmpC 106 X v The Chief Executive of the Department of Corrections [pdf, 683 KB]

   ...overdosing. He was located by the police and taken to hospital. The next day he left the hospital. He was located and arrested for breaching the police safety order by naming Ms Y in the Facebook post. Later that day a Judge declined to grant a protection order but increased the police safety order for a further three days. [25] On 3 December 2014, he was given a letter from the police stating that Ms Z had made a complaint of harassment about him. The complaint arose from eve...

8. Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 19 [pdf, 335 KB]

   ...................................................................................................... 35 HAVE DEFICIENCIES IN THE PLANS AND SPECIFICATIONS CAUSED LEAKS? 36 Architect‟s Defence ............................................................................................... 37 DID THE COUNCIL BREACH ITS DUTY OF CARE? .............................................. 38 Consent .........................................................................................................

9. MSC v Scholes [2013] NZIACDT 71 (25 November 2013) [pdf, 167 KB]

   ...the issues set out below, and the adviser and the complainant did not dispute them in their Statements of Reply. The Tribunal made the findings on the issues that are also set out below: [57.1] Issue 1: Did Ms Scholes perform her services with due care, diligence, respect and professionalism: Conclusion: Ms Scholes failed to meet her duties of care, diligence, respect and professionalism. First, Ms Scholes failed to evaluate her client’s immigration opportunities and instead channelle...

10. ENVC Hearing 6Oct14 DM Piritahi Kathryn Ngapo [pdf, 191 KB]

    ...because Waiheke is my turangawaewae and I feel the responsibility of kaitiakitanga for this place, which also has formed me. 4. I am a teacher by profession and I relieve or take temporary contracts when I am able, as I have been responsible for the care of family members including my mother Minnie, who has dementia, since 2000. I have contributed to the Waiheke Community through my 10 year involvement with Playcentre (1982 -92), as a committee member of the Waiheke Credit Union (...