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1. Auckland Standards Committee v Whale [2014] NZLCDT 22 [pdf, 89 KB]

   ...practice in the future. [39] We do accept the submission that the practitioner has been responsible in entering an early plea, however it has to be said that given that this matter was preceded by the findings of the Tribunal, and the High Court on appeal, in Davidson there was no real defence available to him in any event, thus the credit for this plea ought not to be too weighty. Benefit to the practitioner will accrue from the reduced costs arising out of his admission of the ch...

2. Steele v Salisbury School (Costs) [2012] NZHRRT 26 [pdf, 61 KB]

   ...The submissions by Mr Steele [6] In his memorandum dated 30 October 2012 Mr Steele, in part, invites the Tribunal to revisit the facts. This we are unable to do. He also raises irrelevant matters relating to the School’s insurer and to his appeal to the High Court against the Tribunal’s decision. 4 Doing the best we can it would appear that the submissions relevant to the costs issue are: [6.1] At the commencement of the proceedings Mr Steele would have settled for a $3...

3. Penzance v Runcorn LCRO 170 / 2009 (10 February 2010) [pdf, 69 KB]

   ...a former client it must be that if they were to so act “the fiduciary obligation owed to the former client would be undermined”. The nature of the fiduciary obligations of lawyers in such a situation was examined by the New Zealand Court of Appeal in Russell McVeagh McKenzie Bartleet & Co v Tower Corporation - [1998] 3 NZLR 641. In that case it was considered that a lawyer must not act where the lawyer holds confidential information; the information is sensitive, i.e., of a...

4. Edgecombe - Estate of Taiawhio Waaka (2012) 19 Takitimu MB 165 (19 TKT 165) [pdf, 260 KB]

   ...http://www.justice.govt.nz/courts/maori-land-court/documents/judgments/pdfs-maori-appellate-court-sittings/2001/Hohua%202013%20Estate%20of%20Tangi%20Biddle%20or%20Hohua.pdf 19 Tākitimu MB 168 Relevant Law [12] The Māori Appellate Court decision in Hohua – Estate of Tangi Biddle or Hohua sets out the relevant law: 3 In considering the law relevant to this appeal the Māori Appellate Court takes into account the Preamble, sections 17 and section 115/93. Section 115/93 provides...

5. PSPLA - Form N: Apply to Have a New Company Director or CEO [pdf, 613 KB]

   ...section 65 of the Land Transport Act 1998, or an earlier equivalent provision?  Yes  No Have you ever been ordered by a New Zealand court to be imprisoned following conviction for an offence and that conviction or order has not been quashed on appeal?  Yes  No In the last 7 years, have you ever been convicted by a New Zealand court of an offence under the Private Security Personnel and Private Investigators Act 2010 or Private Investigators and Security Guards Act 1974 for...

6. OY v QS LCRO 66 / 2011 (28 August 2012) [pdf, 80 KB]

   ...number of 5 times by the LCRO2 and was recently the subject of comment by the High Court. In Deliu v Hong3 Winkelmann J had this to say about the nature of a review by this office: In my view the power of review is much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken to conduct that review, and therefore clearly contemplates the Review Officer reaching his or her own view on the evidence before her. 4 [18] The question is not...

7. Trustpower - EiC - S Styles - Planning (5 Feb 2021) [pdf, 505 KB]

   ...way that recognises their functional needs which include certainty of supply for periods longer 13 Partially Operative Otago Regional Policy Statement 2019, version showing changes as a result of appeals, Policy 4.4.1 (track changes removed). 14 Partially Operative Otago Regional Policy Statement 2019, version showing changes as a result of appeals, Policy 4.4.3 (track changes removed). 15 Partially Operative Otago Regional Policy Stateme...

8. Kupa v Kupa - Lot 10H and 101 Pt Omahu 2C1C (2020) 85 Takitimu MB 189 (85 TKT 189) [pdf, 251 KB]

   ...requirements imposed on trustees under s 150A regarding the alienation of land Māori land vested in them. They may not do so without the consent of at 7 [2013] Māori Appellate Court MB 159 (2013 APPEAL 159) 8 Ibid, footnotes omitted http://www.legislation.govt.nz/act/public/1993/0004/latest/link.aspx?id=DLM291892#DLM291892 85 Tākitimu MB 194 least three quarters of the owners where there is no defined share in the land, or...

9. BORA Marine Protection Legislation Bill [pdf, 313 KB]

   ...most effective method to adequately enforce the offences against the alcohol limit set out in the Bill. 14. We consider that the demand for a breath or blood sample is a search for the purposes of s 21 of the Bill of Rights Act. The Court of Appeal has said that the “touchstone” of section 21 is the protection of reasonable expectations of privacy.[1] Expectations of privacy are not as great in the commercial world as they are in the domestic sphere.[2] It is an exercise in b...

10. BORA Health (Drinking Water) Amendment Bill [pdf, 405 KB]

    ...Protection Officer, or as "an officer who has functions, duties, or powers under this Act" (clause 7, new section 69G – Interpretation) 2 In applying section 5, the Ministry of Justice has regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260; Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; Moonen v Film and Literature Board of Review [2002] 2 NZLR 754; and the Supreme Court of Canada’s decision in R...