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1. Fisheries Amendment Bill [pdf, 217 KB]

   ...liability offences. 12. Strict liability offences may nevertheless be consistent with the Bill of Rights Act if the limits can be demonstrably justified in a free and democratic society, in accordance with 1 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 2 Ministry of Justice Legal Advice – Consistency with the New Zealand Bill of Rights Act 1990: Fisheries (Foreign Charter Vessels and Other Matters) Amendment Bill (24 September 2012). 3...

2. 2023-09-26-SOE_-Peter-Stacey_Air-Quality.pdf [pdf, 192 KB]

   ...with properties within 200 m of the designation be upgraded to minimise the impact of dust deposition effects.8 However, upon 7 Page 59 of Waka Kotahi Conditions (Track Changes Version). 8 Section 87F and 198D Report, at paragraphs [100] – [101]. P a g e | 5 obtaining a better understanding of the potential for dust deposition effects through further information, as assisted by Mr Curtis’ evidence and related discussions, I consider that it is only likely to be proper...

3. FFNZ - EiC - L Hume - Agricultural Science (5 Feb 2021) [pdf, 135 KB]

   ...irrigation systems, reduced yield/production, or crop failure. 10. It has been found that, in an average year, about 65% of consented volume is used, where that volume is designed to provide 90% reliability (fully meet demand in 9 years out of 10)1. Therefore, averages of the actual volumes of water taken for irrigation each year, calculated as described in Schedule 10A.4.4, are likely to be insufficient to provide reliable water supply for irrigation (reliability needs to be at...

4. Reedy - Waitangi A1A2 (2003) 65 Ruatōria MB 168 (65 RUA 168) [pdf, 1.3 MB]

   ...trust order to enter into contracts or arrangements with any person and to apply the revenues arising from the operation of the trust in paying the costs of administration of the affairs of the trust. (Trust Order 44 Rua MB 247-256 & 45 Rua MB 101 clauses 3(d) and 4). In this case that means that where a debt related to the administration of the trust has been proven, the income can be used to settle that debt by way of an order of the Court. Such orders can be ordered by this Court...

5. IAA v van Zyl [2012] NZIACDT 59 (11 September 2012) [pdf, 77 KB]

   ...New Zealand in a misleading manner”. [10] The Authority referred to Wislang v Medical Council of New Zealand [2002] NZAR 573 (CA), and said the correct approach for sanctions in a professional disciplinary context is that the purpose is to: [10.1] punish the practitioner; [10.2] act as a deterrent to other practitioners; and 3 [10.3] reflect the public and the profession’s condemnation and opprobrium of the practitioner’s conduct. [11] The Authority submitted...

6. Auckland Standards Committee v Eteuati [2009] NZLCDT 17 [pdf, 81 KB]

   ...conduct which have been breached by the practitioner. Although only one charge of professional misconduct is faced today, eight breaches of the rules are involved. Those are as follows: [a] By abusing the relationship with her client – rule 1.01; [b] By continuing to act for the complainant after a conflict of interest had arisen as a result of the negligence of the practitioner in carrying out her duties for the complainant – rule 1.03; [c] By failing to advise the compla...

7. [2015] NZSSAA 001 (13 February) [pdf, 35 KB]

   ...The appellant then appealed to the High Court. The High Court found that the Authority had not erred in its conclusion that the appellant was living in a relationship 1 [2012] NZSSAA 77. 2 [2012] NZSSAA 101 2 in the nature of marriage with XXXX in the period 26 October 1995 with the exception of a three-month period in 1999. Nor had it erred in concluding that the appellant was not entitled to Domestic Purposes Benefit in the perio...

8. LCRO 38-2015 PF v MF [pdf, 222 KB]

   ...jurisdiction, causing embarrassment in his employment. She then arranged for Mr PF to be served personally with the documents, “by sending a process server to [his] home on a cold dark winter evening”. This was discourteous and a breach of r 10.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) (the personal service issue). (e) In a Notice of Defence filed in the Family Court by Ms GG on behalf of Ms K and the trustees, Ms GG brea...

9. Morehu v Committee of Management of the Opawa Rangitoto 2C Incorporation – Opawa Rangitoto 2C Incorporation (2013) 74 Waiariki MB 97 (74 WAR 97) [pdf, 137 KB]

   ...Committee also notes that the administrators of the estate are Rocky Cuthbert and Terence Cuthbert neither of whom signed the requisition. It is submitted these shares of 1,343 should not be counted as supporting the requisition. 74 Waiariki MB 101 [15] Further, the shares of Pauni Turetahi, it is submitted should not be counted as supporting the requisition as those shares are legally owned by his deceased mother in accordance with a life interest. [16] There was also unc...

10. [2022] NZREADT 4 - CX v REAA (5 April 2022) [pdf, 324 KB]

    ...or not the destocking date of 1 April 2020 was achievable. At 12:16 pm on the same day, the licensees sent an email to the vendors (copied to the solicitor) asking them to provide the solicitor with a copy of the lease. The vendors replied at 1:01 pm stating that the lease was prepared by another solicitor at the solicitor’s firm and the reception staff had confirmed they had the original lease. The vendors added: I have checked with the [lessees] that they can comply with ha...