Insights from our team
Culturally-sensitive practices following deaths in custody.
Henry Afakasi collapsed and died while serving as an inmate Auckland South Corrections Facility.
At law, custody of his body passed from the Department of Corrections/SERCO to the Police and then to the coroner…
When is a custodial sentence warranted for criminal fraud?
In Downey v Ministry of Social Development [2023] NZHC 2589, Mr Downey unsuccessfully appealed a sentence of 20 and a half months’ imprisonment imposed by the District Court on 14 charges of dishonestly using a document.
The significance of performance without complaint following a disciplinary hearing
Lessons from Subramani v A Professional Conduct Committee Appointed by the Dental Council of New Zealand.
Dr Subramani admitted a charge of professional misconduct before the Health Practitioners Disciplinary Tribunal (the Tribunal). The Tribunal imposed censure; cancellation of registration; a fine and costs. Dr Subramani then appealed the cancellation of his registration and the fine. In doing so he sought leave to adduce further evidence. This application related to evidence of his performance under supervision between the hearing and decision.
Lessons for regulators from the Whakaari - White Island Disaster
On 9 December 2019, Whakaari/White Island erupted with 47 people on the island. A subsequent investigation by WorkSafe New Zealand (WorkSafe) resulted in multiple entities being charged with breaches of the Health and Safety at Work Act 2015 (HSWA), including the owners of the island, multiple tour operator companies, as well as government agencies.