Search Results

1. National Standards Committee v Toner [2013] NZLCDT 38 [pdf, 102 KB]

   ...placed before the learned District Court Judge, the practitioner was discharged without conviction. [5] Because of the steps which the practitioner had taken to address the underlying causes of her offending the NSC adopted what could be seen as a humane and rehabilitation-focussed approach to the penalty. It was initially urged upon the Tribunal that a suspension for two years would be appropriate in all of the circumstances. [6] The practitioner’s submissions were not far apa...

2. [2013] NZEmpC 224 Lyttelton Port Co Ltd v Rail & Maritime Union [pdf, 118 KB]

   ...operation in many ways. Examples of integration include the use of a single computer system to coordinate the movement of containers both at Woolston and at Lyttelton. The Company has a single set of policies and single systems for payroll and human resources. All employees of the Company receive the same newsletter and received the same commemorative gifts from the Company. On the other hand, there is very little exchange of staff or equipment between the two facilities and they...

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

   ...infringing act) where they can show that the failure was necessary for the purpose of saving or protecting life or health, preventing serious damage to property, or avoiding an actual or likely adverse effect on a natural and physical resource or human health. • To avoid liability under the new sections, the defendant’s conduct also has to have been reasonable in the circumstances and the defendant must have taken all reasonable steps to mitigate or remedy the effects of the failure...

4. BC and SO v SH [2012] NZIACDT 63 (28 September 2012) [pdf, 108 KB]

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

5. HE and SD v QXF [2011] NZIACDT 32 (20 September 2011) [pdf, 126 KB]

   ...established. [54] Section 50 allows a complaint to be upheld without necessarily imposing a sanction. It follows it is not necessary to find that a disciplinary sanction is required to uphold a complaint. However, 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 still not justify upholding a disciplinary complaint. [55] It is...

6. Guidelines: Family Court counsellors [pdf, 302 KB]

   ...conflicted situations; i) Co-counselling/tandem counselling; and j) Record keeping. Knowledge and understanding: a) Understanding of a systemic approach to working with families; b) A range of appropriate therapeutic interventions; c) Human development, life stages; d) Child development and its relevance to day-to-day care and contact issues; e) Attachment and bonding; f) Grief and loss; g) Effect of family/whānau separation on children and adults; 7 Car...

7. Saini v Dua [2016] NZIACDT 61 (26 September 2016) [pdf, 167 KB]

   ...breach of duty in a professional setting, by measuring the breach against real world standards where perfection is not attainable. A responsible body of a practitioner’s peers gives weight to the realities of day-to-day professional practice, and human error. Accordingly, a necessary element of the test is to determine whether any lapse is sufficiently serious to warrant upholding the complaint as a 8 professional disciplinary matter. Though the statutory context is qui...

8. Mhatre v Gokhale [2017] NZIACDT 13 (29 August 2017) [pdf, 130 KB]

   ...breached any of the elements of Clause 1 of the Code. She made a mistake and that was as far as it went. [28] To the extent that there is room for criticism of the adviser, it lies not in the original mistake, which was no more than a product of human frailty. The adviser did not respond in the appropriate way when she identified that she had made a mistake. She should have written to Immigration New Zealand, explained the error that she had made when completing the computer form,...

9. [2015] NZEmpC 25 PRI Flight Catering Ltd v Saha [pdf, 117 KB]

   ...of legal rights and obligations. Given such intention, it is sometimes unnecessary, even inappropriate, for parties to be accompanied by lawyers at mediation, especially if legal advice is readily available, for example by telephone. However, human nature being what it is, parties are frequently ‘lawyered up’ (as it is sometimes described colloquially) for mediations and the Court must take account of that reality. Good representation sometimes enables a just settlement to be...

10. Evidence Brief: Three strikes law [pdf, 437 KB]

    ...The effect of imprisonment rates over time. Journal of Qualitative Criminology, 29, 369-397. doi: https://doi.org/10.1007/s10940-012-9182-x Helland, E. & Taborrok, A. (2007). Does Three Strikes deter? A Non-parametric Estimation. Journal of Human Resource, 42, 303- 330. doi: https://doi.org/10.3368/jhr.XLII.2.309 Kelly, J., & Datta, A. (2009). Does three strikes really deter? A statistical analysis of its impact on crime rate in California. College Teaching Methods & Style...