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1. [2023] NZREADT 13 - CAC v Sun (9 June 2023) [pdf, 160 KB]

   ...date of this decision. (c) Ordered to pay costs of $27,271.50 to the Authority within 20 working days of the date of this decision. [50] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116, setting out the right of appeal to the High Court. PUBLICATION [51] In light of the outcome of this charge and having regard to the interests of the parties and of the public, it is proper to order publication of the decision of the Tribunal without identify...

2. AMLCFT Statutory Review Summary Document [pdf, 301 KB]

   ...2009 (the Act) helps to keep New Zealand safe from money laundering and terrorism financing. By making it harder for criminals to launder money or finance terrorism, we also make profit-motivated crime (like selling drugs or defrauding people) less appealing. A review of the Act began on 1 July 2021. This document provides a summary of the key issues that have been identified so far as part of this review. It is based on, and designed to be read alongside, the Consultation Document, whic...

3. Committee on the Elimination of All Forms of Racial Discrimination – summary record 18th-20th reports (continued) [pdf, 117 KB]

   ...healthy lives and to have access to education and housing. The Government was trying to prepare for potential mass arrivals of refugees. The bill to amend the Immigration Act, to be adopted in 2013, would simplify the processing of asylum claims and appeals. In the light of the discriminatory remarks made by a Member of Parliament about Muslims, the Office of Ethnic Affairs had introduced a long-term project entitled “Building Bridges”, which involved forging links between the M...

4. CAC 20004 v Kolich & Anor [2014] NZREADT 66 [pdf, 124 KB]

   ...“Pelorus Realty” rather than “Pegasus Realty”. The Tribunal accepts this error and annexes a substituted Decision which correctly shows the name of Mr Kolich’s workplace. [9] The Tribunal draw the parties’ attention the right of appeal to the High Court contained in s.116 Real Estate Agents Act. DATED at AUCKLAND this 29th day of August 2014 _____________________________ Ms K Davenport QC Chairperson 4 ______________________________ Ms C Sa...

5. ENVC Hearing 6Oct14 TGKL legal submissions [pdf, 357 KB]

   ...104(1)(a). Ecological issues 15. The ecology witnesses caucused on 19 and 27 August 2014, and prepared a Joint Expert Witness Statement Coastal Ecology and Anti-fouling.'° 6 Batchelor v Tauranga District Council (1992) 1 NZRMA 266, affirmed on appeal Batchelor v Tauranga District Council (No 2) [1993]2 NZLR 84; (1992) 2 NZRMA 137 (HC). 7 Aquamarine Ltd v Southland Regional Council (1996) 2 ELRNZ 361; LewislGreve Authorities 1. 8 Ibid, at page 366. 9 Poynter EIC, at paragraph 1...

6. DA v EB LCRO 7/2013 (3 December 2014) - Penalty and Costs [pdf, 62 KB]

   ...… [but] not grudging”13 Orders in accordance with the usual practice of this Office when making orders to compensate for anxiety and stress caused by a failing in a practitioner’s conduct. Censure – s 156(1)(b) [32] The Court of Appeal discussed censure in the disciplinary context of s 156(1)(b) in New Zealand Law Society v B describing censure as a:14 … formal or official statement rebuking a practitioner for his or her unsatisfactory conduct. A censure … Is like...

7. VP v Canterbury Westland LCRO 323 / 2012 (22 May 2013) [pdf, 121 KB]

   ...perspective, a client, specifically one who is emotionally or financially vulnerable, might seek to initiate an intimate relationship with her or his lawyer for the purpose of gaining the lawyer’s favour and to try to persuade the lawyer to take an appeal against conviction and/or sentence against earlier advice not to... D. Mr VP’s conduct [22] In considering this issue, the Committee made several comments relevant to its position:9 46. At all material times, Ms [AK] presented...

8. Recording Industry Association of New Zealand v Telecom NZ 4451 [2013] NZCOP 15 [pdf, 146 KB]

   ...and that it must consider the three matters listed at subclause (3)(a) – (c) of the Regulation. The Tribunal now turns to consider each of those matters. Regulation 12(3)(a) – the flagrancy of the Infringement [52] The New Zealand Court of Appeal has addressed the meaning of “flagrancy” of copyright infringement, in the context of the making of “additional damages” awards under s.121(2) of the Copyright Act 1994.1 Those cases show that “flagrant” copyright infringemen...

9. XB & XC v A North Island Standards Committee LCRO 207-208 / 2012 (10 June 2013) [pdf, 163 KB]

   ...penalties to each individual breach as the facts out of which the adverse findings have been made, apply equally to the breaches of each provision. Censure [52] The Standards Committee censured both lawyers. [53] In NZLS v B the Court of Appeal noted: 19 A censure or reprimand, however expressed, is likely to be of particular significance in this context because it will be taken into account in the event of a further complaint against the Practitioner in respect of his or her...

10. Recorded Music NZ Limited v Telecom NZ 6806 [2014] NZCOP 4 [pdf, 111 KB]

    ...As noted in a number of the Tribunal’s decisions,14 the factors identified by the Applicant may well be common to most the matters before it. As such the conduct does not meet the ordinary definition of “flagrancy” identified by the Court of Appeal in Skids Programme Management Limited & Ors. v McNeill & Ors 15 namely conduct that implies the existence of scandalous conduct or deceit; something beyond the common case. [43] Moreover, given BitTorrent Protocol software c...