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1. ETS v WKE [2013] NZIACDT 4 (05 February 2013) [pdf, 109 KB]

   ...complaint being upheld without necessarily imposing a sanction. It follows that it is not necessary to find that a disciplinary sanction should be imposed to uphold a complaint. It is important to recognise that not every lapse or manifestation of human frailty should result in an adverse professional disciplinary finding. There will be occasions when advisers are responsible for a lapse from acceptable standards, but that still does not justify upholding a disciplinary complaint. [...

2. TSO v Hassan [2013] NZIACDT 52 (16 August 2013) [pdf, 125 KB]

   ...[57] Section 50 contemplates a complaint being upheld without necessarily imposing a sanction. It follows that it is not necessary to find that a disciplinary sanction should be imposed to uphold a complaint. Not every lapse or manifestation of human frailty should result in an adverse professional disciplinary finding. There will be occasions when advisers are responsible for a lapse from acceptable standards, but that still does not justify upholding a disciplinary complaint. [58...

3. BI v YP & Ors LCRO 115 / 2010 (4 April 2011) [pdf, 97 KB]

   ...service, which appears to be the rule relevant to the complaint. Rule 3.1 states: 6 3.1 A lawyer must at all times treat a client with respect and courtesy and must not act in a discriminatory manner in contravention of section 21 of the Human Rights Act. [22] The Applicant considered that the Standards Committee had not explicitly addressed this part of her complaint. I noted that the reasons for the Standards Committee’s decision included the following: It was the la...

4. [2017] EmpC 92 P v A [pdf, 111 KB]

   ...is the People and Culture Manager for A. She is based in the 1 Employment Court Regulations 2000, r 19(2). New Plymouth branch of the defendant company, but her role is to perform the human resources function for the defendant on a national basis. [6] In C’s affidavit, she sets out the circumstances surrounding the defendant’s delay in filing a statement of defence to the plaintiff’s claim. The plaintiff clearly s...

5. Regulatory Impact Statement: Order of Inquiries to determine fitness to stand trial under the Criminal Procedure (Mentally Impaired Persons) Act 2003 [pdf, 600 KB]

   ...subsequently dealing with unfit defendants. This meant that a person could be found unfit to stand trial and placed into secure care, even though that person had not committed the alleged offence. We consider this possible outcome to unacceptably limit human rights, natural justice and procedural fairness. 18. Not prescribing the order of the two inquiries was also considered infeasible. A variable approach would undermine procedural fairness and the certainty and consistency o...

6. 2017 NZSSAA 057 (10 October 2017) [pdf, 173 KB]

   ...officials. [29] The appellant said that he had handed over his time sheets to Ministry officials; they have apparently been misplaced. The appellant said that he had reported all his income, but acknowledged that there could have been some element of human error which resulted in some small discrepancies. He was confident, however, that what he had reported was accurate. [30] The appellant was the only witness who gave evidence on oath at the hearing. Despite being on notice of t...

7. 2017 NZSSAA 072 (18 December 2017) [pdf, 178 KB]

   ...was registered in the Ministry’s system and requested that her timesheets be provided. We also have a copy of an email headed “apology letter” from a Ministry official saying that the Ministry’s response to the appellant involved “a human error made by an individual” and acknowledged that the appellant was “provided with incorrect information” and that “at times mistakes are made”. [14] The apology letter itself dated 30 May 2017 contains a paragraph stating:...

8. Liu v The Real Estate Agents Authority (CAC 409) & Parore [2018] NZREADT 7 [pdf, 244 KB]

   ...(given by way of Mr Parore’s submissions on penalty).6 [18] The Committee did not consider Mr Parore’s error to be indicative of any wider lack of knowledge of real estate process and protocols of the Act, rather a lapse of judgment and a human error. It assessed his conduct as being at the lower end of the scale of unsatisfactory conduct.7 [19] The Committee acknowledged that a finding of unsatisfactory conduct is itself a penalty, having regard to the Authority’s public...

9. Cassidy v Patene - Te Rangirunga Wi Patene (2016) 349 Aotea MB 51 (349 AOT 51) [pdf, 270 KB]

   ...turn of mind of those who have to decide, and must therefore be subject to uncertainty; but that, I think, is inherent in the nature of the inquiry. [37] …the doctrine of laches requires a balancing of equities in relation to the broad span of human conduct. In the abstract, facts and the weight to be given to them are infinitely variable. But in a particular case they have to be identified and weighed for what they are, as a singular exercise. [27] From what I can gather these...

10. [2015] NZEmpC 37 Gapuzan v Pratt Whitney Air NZ [pdf, 157 KB]

    ...be brought before the Tribunal at the date of his bankruptcy, but it cannot be said that that potential created a debt or liability certain or contingent. f) Counsel went on to submit that the principle in Kaye was recently applied by the Human Rights Review Tribunal in Fehling v Appleby 10 when considering s 232 of the IA 2006. There it was held that proceedings before the Tribunal should not be halted by a defendant’s bankruptcy, essentially on similar reasoning as was a...