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1. J v Khetarpal [2016] NZIACDT 7 (22 January 2016) [pdf, 243 KB]

   ...New Zealand and expecting them to be deported while doing nothing to assist them has been a standard modus operandi of many fraudulent immigration advisers, licensed and unlicensed. [55] The Tribunal assesses every case on its merits. It must weigh human frailty, and give weight to rehabilitation. However, there is no doubt what happened to the complainant in this present complaint is inherently serious, and raises the question of whether Ms Khetarpal should remain as a member of the pro...

2. Graham - Parish of Komakorau Lot 240B 2 (2014) 80 Waikato Maniapoto MB 260 (80 WMN 260) [pdf, 185 KB]

   ...80 Waikato Maniapoto MB 273 [44] First, I clearly have jurisdiction to do so pursuant to s 338 of TTWMA. That Act contemplates the setting aside of land by way of reservation for communal purposes, one of which is a burial ground. Just as humans occupy land and make use of it during their lifetime, other than in cases of cremation, we all need to be buried somewhere, at some stage. TTWMA clearly contemplates that a use to which Māori land should be put is as a burial ground....

3. [2015] NZEmpC 48 Thorne v Kiwirail Ltd [pdf, 144 KB]

   ...discussed as not to come to work under the influence and that a similar means of detecting alcohol to that used by the Police would be used - i.e. a breathalyser. [16] One of the witnesses for KiwiRail, Ms Victoria Clark, was the Passenger Group, Human Resources (HR) Manager. She went into some detail in explaining how the new Drug and Alcohol Policy had been rolled-out around the country with assistance from an independent expert. Staff had been rostered-off in order to enable...

4. [2016] NZEmpC 50 NZ Nurses Org & Anor v Waikato District Health Board [pdf, 249 KB]

   ...the category of dates "1987 - 1996" listed by the Authority and reproduced in [9] above, but the description of her employment during that actual period needs expanding upon. [34] Evidence was given on behalf of WDHB by a long-serving Human Resources Consultant, Ms Julie Gledhill. Ms Gledhill has been employed by WDHB since 1981. Her evidence, which I accept, was that as from June 1990, Ms Panettiere, who had been working with WDHB's predecessor, was on parental l...

5. Auckland Standards Committee v Andersen [2012] NZLCDT 17 [pdf, 122 KB]

   ...from serious depression such that it affected her overall professional functioning. Dr S noted that during this period Ms Andersen had remained largely untreated for her illness. Whilst the failure to seek proper treatment is understandable at a human level, that is not a responsible response as a professional who is entrusted with important affairs for members of the public. 1 [1994] 2 All ER 486 2 [2012] NZ HC 564 Auckland, Miller,...

6. CAC20005 v Peng [2015] NZREADT 4 [pdf, 227 KB]

   ...information has predominantly been given a wide interpretation in cases involving the Privacy Act 1993, and what constitutes personal information is often context dependent. In the case of CBN v McKenzie Associate, Decision No. 48/04, 30 September 2004 the Human Rights Review Tribunal observed: “[11] ... there is no "bright line" test which separates that which is obviously personal information about an identifiable individual from that which is not. Much will depend in any...

7. Emery v REAA CAC 20002 & Anor [2014] NZREADT 33 [pdf, 75 KB]

   ...found that this part of the complaint must remain inconclusive in the absence of further evidence to support either party’s claim. [15] In relation to the missing pages of the listing agreement, the Committee found that this was just a case of human error inside the agency’s office. [16] The Committee found that the complainant had not provided sufficient evidence to support the claim of failure to adequately follow up a prospective buyer. Price Bracket [17] In relation to all...

8. TG v Standards Committee LCRO 205/2014 (30 June 2014) [pdf, 359 KB]

   ...is submitted that an order in the form of an apology would be appropriate. 14 Letter TG to NZLS (1 July 2014) at [8]. 12 Counsel cannot afford a fine, costs et cetera. I am a human rights lawyer and most of my cases are taken on a pro bono basis. Review Hearing [58] Counsel for Mr TG sought to strike a careful balance between minimising the conduct, and recognising it was wrong. He also said there were four, no...

9. IPT Annual Report 2011 [pdf, 456 KB]

   ...Hence reference is made to balancing the national interest and the rights of individuals. “Producing” decisions includes considering files, conducting hearings and writing decisions that resolve issues in a fair, impartial, lawful and humane manner. “Publishing” decisions includes making our decisions accessible and understandable to the parties, the profession, researchers, appellate courts, the executive, the public, and being accountable for our decisions in variou...

10. AS v ZI LCRO 71/2012 (21 March 2014) [pdf, 188 KB]

    ...[87] A client who has unsuccessfully pursued an expensive course of action, such as occurred here, will inevitably feel that better and more informed communication from their lawyer may have led to different decisions being made. This is human nature, we look for reasons to explain how things could have gone so wrong, and for things that could have been done differently. [88] Doubtless Mr AS will reflect upon this case as a whole and conclude that there were things that c...