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1. [2023] NZIACDT 15 - TC v MacLeod (1 May 2023) [pdf, 136 KB]

   ...the public and the profession is the focus, the issues of punishment and deterrence must also be taken into account in selecting the appropriate penalty.5 3 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151]. 4 Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) at 724–725 & 727; Bolton v Law Society [1994] 2 All ER 486 (EWCA) at 492; Z v Dental Complaints Assessment Committee, above n 3, at [151]. 5 Patel v Compla...

2. [2023] NZIACDT 16 - WS v Lawlor (9 May 2023) [pdf, 234 KB]

   ...the public and the profession is the focus, the issues of punishment and deterrence must also be taken into account in selecting the appropriate penalty.6 4 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151]. 5 Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) at 724–725 & 727; Bolton v Law Society [1994] 2 All ER 486 (EWCA) at 492; Z, above n 4, at [151]. 6 Patel v Complaints Assessment Committee HC Auckland CIV-2...

3. [2023] NZIACDT 18 - XX v Xu (1 June 2023) [pdf, 132 KB]

   ...what may be required to ensure that, in the public interest, such standards are met in the future. The protection of the public is the central focus. … 5 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] and [151]. 9 Lord Diplock pointed out in Ziderman v General Dental Council that the purpose of disciplinary proceedings is to protect the public who may come to a practitioner and to maintain the high standards and good reputation of...

4. 10.8 In Court Media Guidelines 2016

   ...disseminate to the public in any form (and published and publication have corresponding meanings). record means to audio record (and recorded and recording have corresponding meanings). sexual case means a proceeding in respect of an offence against any of sections 128 to 142A and 144A of the Crimes Act 1961. Standard Conditions mean: in the case of an application to film, the conditions set out in Schedule 1. in the case of an application to take photographs, the conditions set out in Schedul...

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5. [2024] NZEmpC 234 Bowen v National Australia Bank [pdf, 295 KB]

   ...[20] Ms Rendle took primary responsibility for supporting the protests to jurisdiction and the applications to dismiss the challenge. The recusal determination was described as being about the procedure of the Authority by reference to: (a) section 160(1) of the Act empowering the Authority to follow any procedure it considers appropriate; (b) section 173, headed “procedure”, requiring the Authority to comply with the principles of natural justice and to act in a manner that...

6. 2021-03-24 Transcript up to end of day 10 [pdf, 3.8 MB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH ENV-2020-CHC-127 IN THE MATTER OF the Resource Management Act 1991 AND Of a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) OTAGO REGIONAL COUNCIL Applicant Hearing Commenced: 08 March 2021 held in Dunedin Court: Environment Judg

7. [2019] NZEnvC 059 Bunnings Limited v Queenstown Lakes District Council [pdf, 2.6 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BElWEEN AND Decision No. [2019] NZEnvC 59 of the Resource Management Act 1991 of an appeal pursuant to section 120 of the Act BUNNINGS LIMITED (ENV-2018-CHC-015) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J R Jackson Environment Commissioner D J Bunting Deputy Environment Commissioner J T Baines Hearing: at Queenstown on 8 and 9 October 2018 (F

8. [2025] NZEmpC 76 Vegepod NZ Ltd v Lowe [pdf, 291 KB]

   ...serious question to be tried in relation to the claim of unjustified dismissal; and, if so, (b) whether there is a serious question to be tried in relation to the claim of permanent reinstatement. 1 Employment Relations Act 2000, s 127(4). 2 Section 3. 3 Humphrey v Canterbury District Health Board [2021] NZEmpC 59, [2021] ERNZ 153 at [6]-[9], citing NZ Tax Refunds Ltd v Brooks Homes Ltd [2013] NZCA 90, (2013) 13 TCLR 531 at [12]- [13]. 4 See McKean v Ports of Auckland Ltd...

9. People discharged without conviction December 2017 [xlsx, 293 KB]

   Contents Discharge without conviction A discharge without conviction is a charge outcome option available under section 106 Sentencing Act 2002. This can occur if a person is found guilty or pleads guilty. A discharge without conviction is a proved charge outcome but it is treated as an acquittal. No conviction is entered on a person's record. The Court can order them to pay court costs or reparation (eg for emotional harm or loss/damage of property) or make other orders/sentenc...

10. [2022] NZEmpC 127 VMR v Aviation Security Service Division of Civil Aviation Authority [pdf, 304 KB]

    ...changed the grounds it relied on for the terminations, it had relied on cl 53.1 of the CEA at the time of termination; the justification for proceeding as it did was the terms of the Vaccinations Order. This had been its position throughout. (c) Section 103A of the Act was not used to create a novel ground for dismissal. The CAA had a contractual right to terminate employment. Counsel accepted that the employer could be called on to justify its actions. If this occurre...