IRITANA HOROWAI NGAWHARAU v THE PORIRUA WHANAU CENTRE TRUST NZEmpC WELLINGTON [2015] NZEmpC 89 [12 June 2015] IN THE EMPLOYMENT COURT WELLINGTON [2015] NZEmpC 89 WRC 14/14 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN IRITANA HOROWAI NGAWHARAU Plaintiff AND THE PORIRUA WHANAU CENTRE TRUST Defendant Hearing: 24 February and 8 May 2015 (heard at Wellington) Appearances:
LCRO 43/2016 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee [X] BETWEEN XZ Applicant AND QW Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Ms XZ has applied for a review of a decision by the [Area] Standards Committee [X] (the Committee) to tak...
...expedient of Mrs EZ’s counsel making a request to uplift his clients file. I 20 hasten to emphasise, that no criticism is intended of Mrs EZ’s counsel. It would be speculative to postulate on what his instructions may or may not have been. [128] But as of 18 May 2015, Mr UO’s obligation was to provide opportunity for Mrs EZ to inspect her file, and from 12 June 2015, that obligation was to provide documents from the file. [129] Despite any confusion there may have been a...
...difficulty in assessing an “accurate and reasonable fee”. It may be a small matter, but the obligation is to render a fee that is “fair and reasonable”.33 By focussing upon “accurate”, the assessor may have been diverted from his task. [128] I also note the assessor’s concern as to the accuracy of Mr JM’s time records. As against that, Mr JM has said, emphatically, that the time recorded was the time spent. If that submission is accepted, then it follows that his...
...Throughout the remainder of the lumbar spine, no focal disc protrusion or evidence of neural compromise is seen. Comment: 1. L1/2 and L2/3 anterior annular disc bulge without evidence of neural compromise. 2. Right foraminal L4/5 annulus tear. [128] Dr Wright, GP, examined the appellant and his medical records. In his report of 28 July 2009, he said: I do not believe there are any non injury related factors wholly or substantially contributing to his present incapacity in re...
...accepts the submission on r 9.11, the penalty decisions relied on by the Committee regarding r 9.11 would be of limited assistance. [97] Counsel set out a number of decisions of Committees regarding the penalty for breaches of certain rules or sections of the Act. We note two decisions concerning the breach of s 127: 1. Julie McGrail (CB6205565, 22 May 2012). Failure to provide guide. Unsatisfactory conduct with no penalty. 2. John Nelly (CB6868352, 19 November 2012). Fail...
...its executive. It is trite, but necessary, to emphasise that it was not for Ms ZN or [VHG] to decide who would be instructed to represent [WK]. It was for [WK], and solely for [WK], to determine who they would wish to have represent them. [128] There was no reasonable or objective basis for [VHG] to form a view that their client had, or may have had, a claim against them. [129] Possibility of a claim was not established on the basis of Ms ZN’s allegation that there may potenti...
...satisfied that the University investigated in good faith redeployment opportunities that would have prevented any loss of employment for both Dr Caddy and Dr Camp. The outcome was that Dr Camp was not suitable for the Music Education role. [128] This left Dr Caddy and Dr Camp to contest the Music Studies position. The selection process [129] The Review and Restructure Policy and Procedure sets out that the selection criteria were to include skills and capabilities outlin...
...Witana – Kohewhata 27C2A and Others (2023) 259 Taitokerau MB 111 (259 TTK 111). I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O TE TAITOKERAU In the Māori Land Court of New Zealand Taitokerau District A20210011630 WĀHANGA Under Sections 37(3), 237, 239 and 240, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Kohewhata 27C2A and Others I WAENGA I A Between BRUCE CUTFORTH Te kaitono Applicant ME And RACHEL WITANA...
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