Search Results

1. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 124 KB]

   ...on the architect’s plans. [5] The Simpsons believed that the contract was: • to prepare working drawings, • supervise the construction project, and • manage the whole process acting as their agent and ensuring their interests were protected. [6] The nature of the contract was disputed by Mrs O’Callaghan who says, inter alia, that the Simpsons were not willing to pay for supervision of the contract. [7] Mrs O’Callaghan drew plans from the architect’s sket...

2. Holland & Ors as Trustees of the Harbourview Trust v Auckland City Council [pdf, 258 KB]

   ...consented plans also had stamped on them the requirement that the cavity between the backing and the building Page 17 of 44 paper was to be sealed from the roof space and the subfloor and opened at the bottom to drain moisture to the outside but protected against the entry of vermin. [45] I accept that the lack of an adequate drainage plane or the sealing of the drainage plane has contributed to the damage resulting from water ingress. The responsibility for this defect...

3. Scope of inquiry Minute October 2021 [pdf, 314 KB]

   ...necessary to preserve such confidentiality, the inquiry must be held, in whole or in part, in private. In addition, the RCOI was required to restrict access to inquiry information where it considered it necessary to do so for reasons including protecting New Zealand’s security or defence interests, protecting the identity of witnesses or other persons, avoiding prejudice to the maintenance of the law, and ensuring protection of fair trial rights. The RCOI was expressly prohibited...

4. [2023] NZREADT 20 - CAC 2107 v Sheldon (Penalty) (14 August 2023) [pdf, 226 KB]

   ...may be made on and subject to any terms and conditions that the Committee thinks fit. [10] In determining the appropriate penalty, it is relevant to note the purpose of the Act: 3 Purpose of Act (1) The purpose of this Act is to promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work. (2) The Act achieves its purpose by— (a) regulating agents, branch manag...

5. Canterbury Standards Committee v X [2011] NZLCDT 19 [pdf, 125 KB]

   ...not a fit and proper person to be a legal practitioner. The respondent’s position [8] For the respondent, it was submitted by his counsel that striking off would not be an appropriate response, as it was not necessary to do that to protect the public. This matter was said to be one episode in a largely unblemished career, 4 arising from a serious error of judgment at a time when the respondent was said to be adversely affected by mental health issues. Accordingly, it w...

6. BORA Freedom Camping Bill [pdf, 321 KB]

   ...residents and costs for local authorities and the Department of Conservation. 4. The Bill achieves its purpose by creating an infringement regime in relation to freedom camping on local authority controlled and public conservation land, in order to protect the environment, health and safety and access to public places and sites of significance for public enjoyment. It allows for camping to generally be permitted unless restricted or prohibited either through local government bylaws or th...

7. INZ (Gilray) v Croxson [2019] NZIACDT 79 (9 December 2019) Sanctions [pdf, 117 KB]

   ...there was no lack of probity on his part 2 Immigration Advisers Licensing Act 2007, s 7(1). 4 nor was the quality of his own work (finalising and filing the applications) substandard or lacking in care. [16] Mr Croxson was also found to have failed to enter into written service agreements with the two clients and to have failed to personally provide and explain to them a summary of his responsibilities, the Code, his complaints proce...

8. BORA Anti-Money Laundering and Countering Financing of Terrorism Bill [pdf, 313 KB]

   ...21. 3.2 The Bill provides for a number of offences for failure to comply with various obligations without reasonable excuse (clauses 104, 105, 108 and 109), thereby placing an evidential onus on the accused, contrary to the presumption of innocence protected by s 25(c). 3.3 The Bill provides for a civil pecuniary penalty in respect of civil liability acts (clause 88). As this penalty is similar to other penalties in the Bill that are expressed as criminal, it raises the issue as to whet...

9. [2020] NZIACDT 33 - RV v Aiolupotea (27 July 2020) [pdf, 208 KB]

   ...material discussions, in breach of cl 26(c); and (3) failed to provide the full client file to the Authority, in breach of cl 26(e). (4) failed to respond to the letter of 8 March 2018, thereby being unprofessional and lacking diligence and due care, in breach of cl 1; and (5) failed to inform the complainant of the decline of his visa application or provide advice regarding his unlawful status, thereby being unprofessional, in breach of cl 1. 4 [15] Furthermore, Mr Aiolupote...

10. International Covenant on Civil and Political Rights - list of issues 6th report [pdf, 51 KB]

    ...situation, including new measures and developments relating to the implementation of the Covenant 1. Please provide detailed information on any significant developments in the legal and institutional framework within which human rights are promoted and protected at the national level that have taken place since the previous periodic report, including any relevant case law. Please also provide information on measures adopted to disseminate the Covenant among judges, lawyers and prosecuto...