Search Results

1. [2018] NZEnvC 073 Skyline Enterprises Limited v Queenstown Lakes District Council [pdf, 1.2 MB]

   ...says that he supports: (a) parking buildings in Queenstown; (b) the undergrounding of electricity to prevent fire. A fire on Ben Lomond could be a calamitous loss of life and potentially the greatest disaster in New Zealand history; (c) the protection of Queenstown scenery and environment (including protected trees); and (d) the protection of the adjoining cemetery. [6] Mr Walker opposes: 2 3 4 5 (a) the use of the Ben Lomond reserve land for a car parking building;...

2. BORA Copyright (Infringing File Sharing) Amendment Bill [pdf, 294 KB]

   ...serves an important and significant objective, and whether there is a rational and proportionate connection between the provision and the objective.[3] 8. The Copyright Act establishes copyright, a property right in certain original works, and protects copyright in a work from infringement. The objective of this Bill is to extend the provisions of the Act to provide for an enforcement regime for instances of file sharing that infringe copyright. We consider this to be an important a...

3. BORA Social Worker’s Registration (Mandatory Registration) Amendment Bill [pdf, 314 KB]

   ...Board. It does this by: • changing the current system of voluntary registration for practising social workers to a mandatory one; • requiring all registered social workers to hold practising certificates which must be renewed annually; • protecting the title "social worker" to prevent its use by people who are not registered, or who have been deregistered as social workers; and • allowing the public to complain to the Complaints and Disciplinary Tribunal when they...

4. Gartrell v NZLS [2012] NZLCDT 25 [pdf, 98 KB]

   ...have regard to the factors set out in s 41 of the Act which itself imports s 55 factors and includes any other matters thought appropriate. [4] Those factors must be considered in the light of the purposes of the Act which is concerned with the protection of consumers of legal services and the maintenance of public confidence in the provision of legal services. [5] The history of this matter will explain the cautious approach taken by the Society and I am going to use the chronolo...

5. [2015] NZEmpC 91 Burrowes v Commissioner of Police [pdf, 94 KB]

   ...claims had not been resolved and so a submission was advanced which assumed the plaintiff’s reinstatement to his former role. In the alternative, it was submitted that if reinstatement was not ordered, name suppression was still required to protect the plaintiff and his family, having regard to his former role in the unit. The submission referred to issues relating to the plaintiff’s medical condition and outlined that the application was not made to protect the plaintiff from...

6. Notes from Crown Maori Relations hui Invercargill 12 May 2018 [pdf, 441 KB]

   ...continue this debate as it has massive consequences for Māori.” One speaker noted that the Treaty of Waitangi should be entrenched within New Zealand’s constitution. • Improving Health outcomes – A few speakers indicated that the hospital care and treatment in the region was ‘horrendous’. A few also suggested that the government needs to address mental health issues as they intersect with other issues like homelessness, suicide, criminal action and the well-being of t...

7. Auckland Standards Committee v Castles [2014] NZLCDT 8 [pdf, 77 KB]

   ...inferred from this history (and in the absence of any explanation to the contrary from the practitioner) that this was a practitioner who was either totally lacking in insight about the wrongfulness of his charging practices or, worse, simply did not care about complaints about his charging or indeed how that might reflect on his profession as a whole. [16] Finally his response to the disciplinary process is a further aggravating feature of the misconduct. Not only are there the mi...

8. TG v Tangilanu [2012] NZIACDT 17 (8 May 2012) [pdf, 90 KB]

   ...penalty for both matters must reflect the overall conduct. [3] The facts and background are set out in the earlier decision upholding this complaint, dated 27 March 2012. The key findings were: [3.1] Ms Tangilanu systematically failed to act with care, diligence and professionalism; she effectively ignored the Code. [3.2] She failed to carry out her client’s (Ms TG’s) instructions to apply for both student permits and residence permits. [3.3] She failed to commence her professi...

9. Wairau v Wairoa District Council - Kaiwaitau 7C2B (2008) 124 Wairoa MB 105 (124 WR 105) [pdf, 171 KB]

   ...Preamble ofTe Ture Whenua Maori Act 1993 d) It is within the ambit of the Court's jurisdiction to ensure and safeguard Maori land being "taonga tuku iho "; e) The present owners of Kaiwaitau 7C2B are charged with the responsibility of caring for their land and to pass it on to future generations in the same condition or better than. whatit is. presently~ .. f) It is also incumbent on the Council not to interference with the current owners' exercise of that resp...

10. REAA CAC 10054 v Hume [2014] NZREADT 10 [pdf, 82 KB]

    ...wilfully or recklessly engaged in conduct that was likely to bring the industry into disrepute contrary to Rule 13.1 of the Rules of the Real Estate Institute of New Zealand and Rule 6.3 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009. [6] The conduct relevant to charge 2 involved consumer clients. [7] Between June 2007 and December 2008, while employed by X X Ltd, the defendant was the subject of three complaints and received three warnings from his...