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1. CW-v-XD-2015-NZDT-878-4-September-2015 [pdf, 115 KB]

   ...their consent. The law of negligence says that people must maintain reasonable and sufficient control of themselves and their possessions so that they do not cause harm to others. If a person fails to maintain sufficient control or take reasonable care and as a result someone else suffers loss then they may be liable to pay compensation. Issues [3] The issues to be determined by the Tribunal in this case are: a. Did XD agree to pay the arborist’s consultancy fee and half the co...

2. Standard explanation of effects and implications of anEPA in relation to property [pdf, 249 KB]

   ...your attorney is to use your property to promote and protect your best interests. Your attorney must encourage you to develop your own competence to act on your own behalf as much as you possibly can. If you have a separate EPA for your personal care and welfare, your attorney must provide your personal care and welfare attorney with any financial support (from your property) that that attorney requires to carry out their duties in relation to your personal care and welfare (subje...

3. LCRO 152/2016 BL v HJ (11 August 2017) [pdf, 255 KB]

   ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [30] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that neces...

4. National Standards Committee 1 v Peters [2019] NZLCDT 39 [pdf, 248 KB]

   ...media, the Judge met with all counsel and representatives of the media, in advance, in connection with the various applications which had been made 4 by the media to film or otherwise cover the proceedings. The Judge was particularly careful to explain the role of the media “as the eyes and ears of the public”.4 [11] His Honour referred to 11 media applications having been made, and set out the principles to be considered in respect of those applications, prefacing his r...

5. BORA Biosecurity Law Reform Bill [pdf, 335 KB]

   ...liability offences, as reversing the onus may be an appropriate way to deter offending and/or hold people accountable for their failure to comply. • The offences relate to certain activities that require the participant to display a level of care where failure to display that care may lead to harm to the public. Reversing the onus can be justified where the penalty faced is at the lower end of the scale and where the information that goes to the defence is peculiarly within the knowl...

6. INZ (Calder) v Tian [2019] NZIACDT 58 (27 August 2019) Sanctions [pdf, 204 KB]

   ...as robust advocacy on behalf of her clients, which was permissible. It amounted to personal attacks on the competence, professionalism, integrity and motivation of named officers. [10] It was accepted that Ms Tian was a deeply passionate and caring advocate for her clients, who could be vulnerable and marginalised in society, but that she woefully lacked judgement in the acceptable bounds of professional representation. Her combative and offensive language could not, on any conc...

7. LCRO 80/2022 NL v EB (23 July 2024) [pdf, 237 KB]

   ...that she would commission, and act in accordance with, a barrister’s opinion. She advised that she would deduct the cost of obtaining the opinion from company funds. [75] Ms NL was venturing into territory that she should have been extremely careful to avoid. The Letter of Engagement did not include work of this nature. Mr EF’s complaints that Ms NL had involved herself in interpreting and ‘enforcing’ the Settlement Agreement were justified. It is likely that her involvement...

8. [2021] NZACC 102 – Broad v ACC (16 November 2021) [pdf, 632 KB]

   ...child at Taranaki Base Hospital on 22 November 2007. Background [2] The appellant was admitted to the delivery suite at Taranaki Base Hospital at 10.05 am on 22 November 2007 and gave birth of her third child at 12.03 pm. Her lead maternity carer was midwife Belinda Chapman. [3] The appellant, who is herself a registered nurse, was accompanied that day by her mother Barbara Crombie and her husband Grant Broad. Written statements from them, as well as Ms Chapman as to wha...

9. [2023] NZEmpC 232 Ministry of Business, Innovation and Employment v Duan [pdf, 265 KB]

   ...resolves a challenge by the Ministry of Business, Innovation and Employment (MBIE) to a determination of the Employment Relations Authority. The Authority found Ms Duan was entitled to paid parental leave under the Parental Leave and Employment Protection Act 1987 (PLEPA), even though her application to take that leave was for a period commencing more than five months after her baby was born, during which Ms Duan had been working.1 1 Duan v Ministry of Business, Innovation and...

10. U v I [2018] NZIACDT 21 (18 June 2018) [pdf, 250 KB]

    ...timely manner. IPT appeal On 18 April 2017 the Adviser sent the Complainant an email attaching a copy of INZ's letter declining the application. The Adviser informed the Complainant that he had the option to file an appeal to the Immigration Protection Tribunal. The Complainant sent the Adviser an email in response in which he stated: We applied under this position as advised by you as you were confident that you can relate this to my position and still it had been declined. I...