17 Mar 2015
DELIU v HONG & ANOTHER [2015] NZHC 492
- Citation
- [2015] NZHC 492
- Court
- High Court
The High Court quashed the Tribunal's decision and remitted the charge because the Tribunal proceeded on a mistake of fact (incorrectly treating the charge as the respondent's sole prior disciplinary indiscretion) and erred in law by failing to consider or exercise its statutory power under reg 24 to amend or add alternative charges (including under s12(c) or s7(1)(a)), such failures amounted to reviewable error warranting quashing and remittal for reconsideration.