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1. CAC 405 v Phillips [2016] NZREADT 39 [pdf, 126 KB]

   ...Ms Phillips did not do this – she simply gave up trying to find Ms Harvey and allowed the unauthorised grazing to continue. Is this serious enough to amount to misconduct? [14] The Tribunal have considered the statement set out by the Court of Appeal in New South Wales in Pillai v Messiter (No. 2) [1989] 16 NSWLR 197 where the Court said: “Departures from elementary and generally accepted standards of which … a practitioner could scarcely be heard to say that he or she was ign...

2. CAC 304 v Morris [2016] NZREADT 35 [pdf, 124 KB]

   ...$6,000 to be paid to the Registrar of the Authority at Wellington within one calendar month of this decision, and we also formally censure the defendant. [19] Pursuant to s 113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s 116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr G Denley Member ______________________________ Ms...

3. WA v AD LCRO 132/2012 (18 March 2015) [pdf, 37 KB]

   ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. Discussion 6 At [28]....

4. SL v MM LCRO 272 / 2011 (2 November 2012) [pdf, 58 KB]

   ...relevant to this situation: - 353 Continuation of disciplinary proceedings and certain other proceedings (1) This section applies to the following proceedings: (a) all proceedings in relation to all investigations, inquiries, applications, appeals, and other proceedings of a disciplinary nature under the Law Practitioners Act 1982 which have been commenced before the commencement of this section and which have not been determined or completed before the commencement of this sect...

5. Marine and Costal Area - Customary marine title group planning document [pdf, 147 KB]

   ...documents must follow the process set out in Schedule 1 of the RMA and meet the requirements in Part 5 of the RMA (section 93(9)). This ensures that any alterations in a proposed regional document are subject to public submissions and potentially, appeal. It also means that all relevant matters are weighed and balanced in the process, including costs and benefits identified through the section 32 analysis and the provisions of Part 2. Is it possible for no alterations to be made to a r...

6. The Crown - Hereheretau B2M (2008) 124 Wairoa MB 119 (124 WR 119) [pdf, 197 KB]

   ...Huka tfie remail1ing . portion of my share in Hereheretau Number 2 Beach Reserve also the whole of my share in Hereheretau Number 2 B6 - the place of my residence - ALL my share in Hereheretau Number 2 Block (the Hereheretau Block at present under appeal and not subdivided) ALL my share in the Ngamotu Block ALSO all or any unascertained or undefined interests in any other lands whatsoever I ALSO give to Materoa Huka all my personal property and effects whatsoever kind including " [...

7. Niao - Lot 39A Sec 2B No 2B No 2A Parish of Matatā (2017) 163 Waiariki MB 22 (163 WAR 22) [pdf, 168 KB]

   ...the trustees or on any application to the Court. 8 8 Whakatāne MB 130, dated 4 December 1903, per Hohepa Poia 163 Waiariki MB 27 [22] The parties may also want to consider the Court of Appeal decision Clarke v Karaitiana. 9 This case concerned meeting process and procedure including the power to call a meeting of owners under Part 9 of the Act with relevance to whether there is a trust. [23] In conclusion, I consider tha...

8. Canterbury Standards Committee v Sisson [2011] NZLCDT 35 [pdf, 143 KB]

   ...rely on her integrity, probity, and trustworthiness.” Previous offending [14] Ms Sisson was found guilty of misconduct on 20 August 2008 in failing to honour an undertaking she had given to a building society. In the course of an unsuccessful appeal by Ms Sisson against that decision French J, in her decision of 7 July 2009 referred to findings of the Tribunal that Ms Sisson had failed to be “honest and upfront” with the building society. [15] Earlier in 2004 Ms Sisson also...

9. BORA Reserve Bank of New Zealand Amendment Bill [pdf, 318 KB]

   ...Melanie Webb Manager – Ministerial Advice Office of Legal Counsel Stuart Beresford Acting Manager Bill of Rights/Human Rights Footnotes 1 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 [1992] 3 NZLR 260; Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; and Moonen v Film and Literature Board of Review [2002] 2 NZLR 754; as well as the Supreme Court of Canada’s decis...

10. BORA Land Transport (Enforcement Powers) Amendment Bill [pdf, 297 KB]

    ...Impoundment does not occur in order to facilitate forfeiture, as release occurs after 28 days even if - as will generally be the case - charges are yet to be determined; and 9.3. Impoundment can also cease before the expiry of the 28 day period on appeal by the driver or owner on various grounds, rather than only when charges have been dismissed or do not proceed: see ss 102(1) and 110 LTA. 10. also note, in this respect, that the explanatory note to the Bill records serious risks to pu...