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...Neither rule is absolute so as to trump the other as a matter of course; although there could be a factual situation where the seeming duty of disclosure under Rule 6.4 would be barred by the confidentiality requirement of Rule 9.21. [42] In a consumer protection regime, with the desirability of allowing consumers to make informed choices, there will be a heavy emphasis on the need for fair disclosure. Mr Hodge submits that where a matter is finely balanced as material to the purchasing...
...of the Schedule 1 of the Resource Management Act 1991 BETWEEN BAY OF ISLANDS MARITIME PARK INCORPORATED (ENV-2019-AKL-000117) CEP SERVICES MATAUWHI LIMITED (ENV-2019-AKL-000111) D LOURIE (ENV-2019-AKL-000128) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2019-AKL-0000127) Appellants AND NORTHLAND REGIONAL COUNCIL Respondent Court: Environment Judge J A Smith sitting alone under s 279 of the Act Last case event: 23 June 2023 Date o...
...application of the relevant professional standards and procedures. It recognises that Standards Committees are made up of experienced lawyers, together with a non legally-qualified representative of the community. [15] In this case the Committee has carefully and extensively considered the Applicant’s complaints, applied the relevant rules to the facts and reached conclusions which are detailed and compelling. It rejected the Applicant’s complaints. [16] The Applicant has no...
...and served on the necessary people, and that evidence is exchanged with the other parties. Community law centres (and, in some areas, environmental law centres) can also provide assistance. 10 YOUR GUIDE TO THE ENVIRONMENT COUR T You should think carefully about what specialist input you might need to support your case. This might include hiring a professional to give evidence on an aspect of your case (eg, a traffic engineer or landscape architect). If you have limited resources, it may...
...Causation – Awareness of leaks 74 Latent v Patent 79 Claim No 02368-West page 4 of 168 12 THE PERRYS 80 No duty of care 81 Were the Perrys developers? 81 Were the Perrys builders? 82 Did the Perrys control any of the building work? 88 Negotiated settlement with Builder 89 Code Compliance Certificate 9...
...Introduction [1] For close to 30 years Mr Flight has been living in a house on Māori Freehold land administered by the Waipapa and Tokaanu Māori Lands Trust. Previously his parents and grandparents had occupied the house. Mr Flight cares for a dependent son with a chronic illness and cannot afford to live elsewhere. [2] In May 2016 Judge Harvey granted the trust a permanent injunction requiring Mr Flight to remove the dwelling. 1 The Judge described it as a very difficu...
...eventually lodged it with the agency on 5 November 2014. It was selected on 3 December 2014 for an invitation to apply, which was duly completed and lodged by Mr Ji on 13 March 2015. [10] Immigration New Zealand sent three letters to the complainant, care of Mr Ji, requiring further information. Mr Ji says he passed them onto another employee of NZ Business Migration. He states that “we” drafted the responses which were promptly sent to Immigration New Zealand.2 [11] Immi...
...available if the LCRO considers that the review can be adequately determined in the absence of the parties. The parties were invited to comment on this proposed course of action and neither of them objected to it. 7 [32] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that necessit...
...relevant is the rehabilitation of the practitioner and as such the public interest in having a rehabilitated practitioner providing capable services. [32] Mr McKnight submits that there is no public interest in ending Mr Shepherd’s exemplary career in the security industry given its longevity, his voluntary services including at the Trust, and his rehabilitation. Also of relevance is that the events occurred in November 2019, August/September 2020 and January 2021 and therefore ar...