New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Penalty mitigation

Legal area

Court

5 Feb 2016

MCCARTHY ENTERPRISES LIMITED v NZ POLICE [2016] NZHC 77

Citation

[2016] NZHC 77
Court

High Court

The Court held the Authority was entitled to suspend the licence because the single sale to minors, the manager's ready override of the till prompt, inadequate procedures for breaks and staffing and the licensee's prior breaches made suspension desirable to protect the integrity of the licensing system, but the original 21‑day suspension was excessive in the circumstances and was reduced to 10 days; the manager's certificate suspension was upheld because her conduct (overriding the prompt) justified suspension.
7 Jul 2009

SISSON V CANTERBURY DISTRICT LAW SOCIETY AND ANOR HC CHCH CIV-2008-409-2950

Citation

openlaw-c266ec2a_bdb5_48ea_9bd1_d14bbe339ecd.pdf
Court

High Court

The High Court dismissed the judicial review: the Tribunal's factual finding that no mutual understanding existed and that the solicitor misled the lender was reasonable; the apparent bias complaint was waived when the applicant declined to object at the hearing; the Tribunal had jurisdiction to hear the disciplinary charge; procedural complaints did not warrant quashing the decision though the Tribunal's practice of dealing with penalty at the same hearing was criticised as potentially unfair.