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1. Watson v Day - Torere Section 64 (2024) 310 Waiariki MB 227 (310 WAR 227) [pdf, 286 KB]

   ...where the Court stated:7 It is inappropriate to strike out a claim summarily unless the court can be certain that it cannot succeed. The case must be “so certainly or clearly bad” that it should be precluded from going forward. Particular care is required in areas where the law is confused or developing. [19] The fundamental question for the Court to determine is whether the causes of action set out in Mr Watson’s application for removal are so clearly untenable that they c...

2. Auckland Standards Committee v Valu Pome'e [2014] NZLCDT 87 [pdf, 107 KB]

   ...marriage certificate. While not in the same league as the preceding charge it is a further failure towards the client. (Failure No. 11) Penalty [28] We remind ourselves that the predominant purpose of penalty to be considered by the Tribunal is protection of the public and maintenance of professional standards in order to enhance public confidence in the legal profession. [29] Mr Davey submitted to us that “proven dishonesty, whether or not leading to criminal proceedings and c...

3. [2013] NZEmpC 35 Tan v LSG Sky Chefs NZ Ltd [pdf, 204 KB]

   ...principles of statutory interpretation applying to Mr Tan’s case. Statutory provisions [35] Counsel referred to the principal object of subpart 1 of Part 6A of the Act: 69A Object of this subpart The object of this subpart is to provide protection to specified categories of employees if, as a result of a proposed restructuring, their work is to be performed by another person and, to this end, to give – (a) the employees a right to elect to transfer to the other perso...

4. [2023] NZIACDT 9 - WS v Lawlor (23 March 2023) [pdf, 318 KB]

   ...instalments. First expression and work visa application filed [8] The expression of interest under the skilled migrant category seems to have been filed almost immediately, as Immigration New Zealand (Immigration NZ) wrote to the complainant (care of Mr Lawlor) on 21 March 2019 advising that she had been invited to 3 apply for residence. She was informed she had four months to make the residence application and no extension would be considered. Mr Lawlor told her of the invit...

5. ENV-2016-CHC-000071 Affidavit of Mr Nathan Hole [pdf, 3.9 MB]

   ...Station Limited all proposed amendments creating exemptions to Rule 12.1 to allow additional clearance of noxious plants, track maintenance and existing pastoral uses. These amendments were opposed by Canterbury Regional Council and Forest and Bird Protection Society of NZ, and were supported by South Canterbury Federated Farmers. (c) The Council's s42A report recommended the inclusion of an exemption for the maintenance of tracks and the removal of declared weed pests, fro...

6. 27-Sept-2022-Redacted-SAR-for-publication-suggested-redactions2.pdf [pdf, 5.6 MB]

   ...offending that can occur in vehicle convoys responds to offending on our roads that can occur when groups of gang members travel together. Use of cash by gangs 10. Profit is one of the key drivers of organised crime. Gangs are highly motivated to protect and increase their share of the illicit drug market. In 2021, the New Zealand methamphetamine market was worth an estimated NZ$297.2 million. This money is coming from some of our most vulnerable communities. Criminal transactions s...

7. Supplementary Analysis Report Criminal Activity Intervention Legislation Bill [pdf, 5.6 MB]

   ...offending that can occur in vehicle convoys responds to offending on our roads that can occur when groups of gang members travel together. Use of cash by gangs 10. Profit is one of the key drivers of organised crime. Gangs are highly motivated to protect and increase their share of the illicit drug market. In 2021, the New Zealand methamphetamine market was worth an estimated NZ$297.2 million. This money is coming from some of our most vulnerable communities. Criminal transactions s...

8. AB v FT LCRO 008/2015 (30 June 2016) [pdf, 98 KB]

   ...charge out rate of $300 per hour was less than he would normally charge, and certainly less than someone with his experience and seniority would charge. [42] Mr FT notes rule 9.1 of the the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules), which sets out the factors to be taken into account when determining a reasonable fee. He submits that the fees charged by him were entirely in accordance with the rule 9.1 criteria. He submits that:25 Looking a...

9. LCRO 173/2014 G NP and H NP v DC (27 September 2018) [pdf, 289 KB]

   ...he made related only to the abandoned formal proof hearing on 16 September 2013. 1 The issue of whether Ms DC was in breach of r 6.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 by acting for both the mother and maternal grandmother, was dealt with by the Committee when it considered the NP’s first complaint. The Committee concluded that Ms DC had not breached r 6.1. This was not the subject of any...

10. [2023] NZEmpC 168 AJY v Chief Executive of the Department of Corrections [pdf, 545 KB]

    ...privacy breach as they “knowingly accessed the offenders’ information” (emphasis added). Finally, he noted his view that AJY’s actions and behaviour constituted serious misconduct and warranted disciplinary action. He stated that, having carefully considered all of the circumstances and the range of disciplinary sanctions available to him, his preliminary view was that the appropriate disciplinary sanction was dismissal on notice. [62] In response, Mr Hope correctly noted...