New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Conditions on leave

Legal area

Court

14 Sept 2023

BENJAMIN [2023] NZHC 2572

Citation

[2023] NZHC 2572
Court

High Court

Despite two separate dishonesty convictions and concerns about candour and regulatory notices, the Court concluded the applicant discharged the substantial onus by a narrow margin because the specific context of Burnley Lodge (modest turnover, income directed from WINZ, limited opportunity for book manipulation, long involvement, risk to vulnerable residents if closed) allowed the risk to be sufficiently mitigated by comprehensive and enforceable conditions; accordingly leave granted for WL Trustee, conditional leave for Burnley Advisory, and conditional leave for Burnley Lodge with strict te…
9 Nov 2021

RE PAUL CLARKE [2021] NZHC 3017

Citation

[2021] NZHC 3017
Court

High Court

Leave was granted because the public protection objective could be met by robust conditions and the applicant was essential to the companies' continued operation; deliberate past offending and risk of repetition were mitigated by required independent accounting controls, certification and an automatic rescission clause for breaches; appointment of an independent director was impracticable in the circumstances.