Search Results

1. [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...

2. 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...

3. INZ (Gilray) v Singh [2019] NZIACDT 53 (29 July 2019) [pdf, 212 KB]

   ...that the staff of the consultancy were constantly at risk of providing unlicensed immigration advice. If Mr Singh’s conduct breached cl 1 of the Code, which was accepted, then he had also acted in breach of cl 3(c). He had not exercised due care. This was an inadvertent breach. His conduct was not a deliberate violation of the professional standards. He had made simple mistakes. 5 [22] In relation to cl 2(e), Mr Moses noted that no evidence had been obtained of the c...

4. FR v TI [2019] NZDT 1145 (12 April 2019) [pdf, 80 KB]

   ...considers that the company has failed in its contractual duties to maintain the alarm system. The company has filed a claim for their payment ($513.51). [5] The issues to be resolved are: (a) Has the company provided its service with reasonable care, and to ensure it is fit for purpose? (b) If not, is any sum due to the company? Has the company provided its service with reasonable care, and in a manner that is fit for purpose? [6] The company is providing a service to which the C...

5. Complaints Assessment Committee 408 v Colin Boyer [2017] NZREADT 43 [pdf, 199 KB]

   ...is also voluntarily suspended. [10] The principles applicable to penalty: 10.1 It is well established that penalty decisions of professional disciplinary tribunals should emphasise both the maintenance of proper professional standards and the protection of the public through specific and general deterrence. While this may result in orders having a punitive effect, this is not their primary purpose. 1 10.2 This is consistent with the purposes of the Act in s2 to “promote and...

6. National Standards Committee 1 v Grey [2024] NZLCDT 36 (15 November 2024) [pdf, 193 KB]

   ...duties of a lawyer is to “…uphold the rule of law and… facilitate the administration of justice in New Zealand”. [2] Ms Grey is before the Tribunal because (as she accepts) she breached the term of a suppression order. The order was to protect the identity of her clients’ infant child. [3] Ms Grey is adamant that she would never intentionally breach a suppression order, but that her errors arose as “slips” during two interviews following a high pressured and very...

7. FINAL_FLS_Lawyer-for-Child-Best_practice_guidelines_29.4.24.02.pdf [pdf, 432 KB]

   LAWYER FOR THE CHILD BEST PRACTICE GUIDELINES ACTING FOR CHILDREN UNDER THE CARE OF CHILDREN ACT 2004 AND THE ORANGA TAMARIKI ACT 1989 1. INTRODUCTION 1.1 The appointment of a lawyer to represent a child occurs under the specific legislation the proceeding has been brought. 1.2 In all proceedings in the Family Court, the role of lawyer for the child as described in these guidelines is prescribed by section 9B of the Family Court Act 1980 and guided by the United...

8. Supervised Contact Quality Practice Framework [pdf, 762 KB]

   ...information, whether it’s a website, pamphlet, or other educational material. Note: These themes need to be clearly repeated and reinforced in all subsequent communication with parents. Intake and assessment Intake Preparation for SC involves a careful and thorough intake and assessment process. It needs to identify and give due respect to the distinctive needs and perspectives of the day-to-day caregivers, the children involved and the visiting caregiver(s). The purpose...

9. Duncan Webb "Unsatisfactory Conduct" (September 2008) [pdf, 98 KB]

   ...own rules to make compensatory orders where “it appears to the Standards Committee that any person has suffered loss by reason of any act or omission”. This appears therefore that the appropriate standard will mirror the contract / tort duty of care (which is itself found in consumer legislation, see for example s 28 of the Consumer Guarantees Act 1993). The upshot of this is that orders may be made by the professional body for wrongs which were not previously considered professional...

10. [2019] NZEnvC 067 Minister for Children v Auckland Council [pdf, 3.3 MB]

    ...MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 0 " '7 of the Resource Management Act 1991 of a direct referral under s 198E of the Act of a Notice of Requirement by the Minister for Children to alter Designation 3800 'Care and Protection Residential Centre - Upper North' in the Auckland Unitary Plan (Operative in Part) MINISTER FOR CHILDREN Applicant (ENV-2019-AKL-000007) AUCKLAND COUNCIL Regulatory Authority Court: Principal Environment Judge...