New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Investigatory powers

Legal area

Court

8 Mar 2021

A LAWYER v NEW ZEALAND LAW SOCIETY [2021] NZCA 47

Citation

[2021] NZCA 47
Court

Court of Appeal

The appeal is dismissed because the Court found no demonstrable legal error in the Standards Committee's decisions to inquire and appoint an investigator, the investigation and interim report were within the broad statutory powers conferred by the Lawyers and Conveyancers Act 2006, natural justice has not been breached given ongoing opportunities to respond and statutory confidentiality and review mechanisms, and judicial intervention is not warranted absent clear procedural or jurisdictional error.
12 Mar 2019

W v HEALTH PRACTITIONERS DISCIPLINARY TRIBUNAL [2019] NZHC 420

Citation

[2019] 3 NZLR 779
Court

High Court

The High Court held the Tribunal breached the practitioner's right to natural justice by failing to properly assess whether the complainant was truly unavailable and by adopting an incorrect approach to admissibility under Schedule 1 cl 6 and the Evidence Act; the Tribunal must reassess S's availability and the hearsay reliability and exclude or stay the charge if there are no compelling reasons to proceed without live evidence, therefore the HPDT decision is quashed and the matter remitted for reconsideration in accordance with this legal framework.