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1. [2023] NZEmpC 94 Soapi v Pick Hawke’s Bay Inc [pdf, 255 KB]

   ...the employment agreement to be offered to seasonal employees employed under this scheme. The plaintiffs’ claims [8] The plaintiffs claim that the defendant made deductions from their wages that were unlawful because they breached the Wages Protection Act 1983 or Minimum Wage Act 1983. [9] The first claim is that the defendant unlawfully deducted certain expenses from the plaintiffs’ wages in breach of the Wages Protection Act. The deductions were itemised in a schedule...

2. LCRO 74/2018 PG v EJ (29 November 2019) [pdf, 149 KB]

   ...SC had moved from her house to a rest home. Mrs SC died on 14 July 2015. Ms EJ applied for probate of Mrs SC’s will which was granted on 11 November 2015. [9] On 1 August 2016, Ms PG, VW and CT applied to the Family Court, under the Family Protection Act 1955, for further provision from Mrs SC’s estate (the family protection proceedings). A settlement was reached, recorded in a consent order dated 3 October 2017, whereby Ms PG, VW and CT each received $195,000 from Mrs SC’s...

3. Summary of feedback on Adoption in Aotearoa New Zealand Discussion document [pdf, 227 KB]

   ...“lifelong parental status order” or “child status order” – adoption law reform organisation “Alternative court orders already exist (under CoCa, OT, Immigration Acts) and these should be the only laws utilised by the courts when it comes to the care of children. Because there is no need for adoption in order to meet the needs of the child/ren involved, therefore adoption should be abolished.” - child of adopted person 10. This perspective was also put forward by the Family...

4. 2015 archive

   ...Criminal Legal Aid Fixed Fees H–I  Form 27 Criminal Legal Aid Fixed Fees J Form 33 Family Legal Aid Fixed Fee: Domestic Violence Form 42 Victims Orders against Violent Offenders Form 44 Employment Relations Authority- Fixed Fees Form 46 Public Protection Orders Final Re-approval policy 30 April 2015 - The finalised Re-approval policy for Legal Aid Providers is now published on the Ministry of Justice website following consultation with the legal professional bodies. A formal submission f...

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5. Govind v Chandra [2018] NZIACDT 46 (15 November 2018) [pdf, 260 KB]

   ...[11] In a decision of the Health Practitioners Disciplinary Tribunal (HPDT), Re Tolland, the HPDT observed:1 Negligence, in the professional disciplinary context, does not require the prosecution to prove that there has been a breach of a duty of care and damage arising out of this as would be required in a civil claim. Rather, it requires an analysis as to whether the conduct complained of amount to a breach of duty in a professional setting by the practitioner. The test is whether o...

6. Wellington Standards Committee 1 v Mr V [2023] NZLCDT 26 (16 June 2023) [pdf, 113 KB]

   ...long careers. Discussion [14] A lawyer of such seniority is expected to set an example for less experienced lawyers, and in this respect, Mr V has let himself and his profession down. [15] This is not a case which involves a need for public protection. The practitioner is retired and, indeed, no member of the public was harmed by his conduct in any event. [16] We do give the mitigating factors in this matter considerable weight. While the view of referees is not normally g...

7. BORA Historic Places Amendment Bill [pdf, 108 KB]

   ...could be seen as ensuring that the Council is able to fulfil its functions and responsibilities for providing advice to the Trust under section 85 of the HP Act. 11. The HP Act is one of the key pieces of legislation through which the Crown provides protection for New Zealand heritage. The Act’s purpose, set out in section 4, is ‘to promote the identification, protection, preservation, and conservation of the historical and cultural heritage of New Zealand’. Section 4 further prov...

8. [2019] NZEnvC 173 Summerset Villages (St Johns) Limited v Auckland Council [pdf, 9 MB]

   ...Zealand and operates various facilities throughout Auckland and other cities. It wishes to establish a retirement village on a site adjacent to St Johns College of some 2.6 hectares at St Johns Road, Meadowbank. [2] The facility will include care facilities as part of the development and this constitutes integrated residential development under the Auckland Unitary Plan (AUP). The application was refused by Commissioners appointed by Auckland Council primarily relating to concerns...

9. [2015] NZEmpC 24 Lowe v Director-General of Health, Ministry of Health & Ors [pdf, 194 KB]

   ...1-2 December 2014 (heard at Wellington) Appearances: P Cranney, counsel for the plaintiff J Holden and M Conway, counsel for the first defendant H Kynaston and J Howes, counsel for the second defendant S Meikle, counsel for Carers New Zealand Trust, Intervener Judgment: 2 March 2015 JUDGMENT OF THE FULL COURT Introduction [1] The issue in this proceeding is whether Ms Lowe was a “homeworker” as defined in the Employment Relations Act 200

10. Waikato Bay of Plenty Standards Committee 1 v Jacobsen [2021] NZLCDT 18 (25 May 2021) [pdf, 186 KB]

    ...that she engaged in conduct that was misleading or deceptive, or was likely to mislead or deceive, her mother. The Standards Committee argues that her conduct breached Rule 11.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). The Standards Committee particularly notes her written promises to do two things: she promised to prepare a document to record the arrangement with her mother; and she promised to register a caveat to protect her...