6 Sept 2016
COMPLAINTS ASSESSMENT COMMITTEE 403 v BROWN [2016] NZHC 2101
- Citation
- [2016] NZHC 2101
- Court
- High Court
Although the Tribunal's comparative rationale distinguishing disciplinary hearings from criminal trials contained errors, the ultimate decision to refuse alternative mode was not wrong on the facts: given the nature and context of the alleged conduct, the respondent's admissions, the confidential settlements, lack of ongoing relationship or authority, absence of evidence the witness would be disbelieved, and the need to balance fairness to both parties, the witness should give evidence in the ordinary way.