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1. OR v PL LCRO 88 / 2011 (20 August 2012) [pdf, 110 KB]

   ...OR’s partner (Ms PJ) concerning alleged acts of violence by Mr OR. At the time Ms PJ approached Ms PL, Mr OR was overseas. He was due to return to New Zealand on Saturday 2 October 2010. [3] Ms PL formed the view that Ms PJ should apply for a protection order and that it should be applied for ex parte. The application was lodged with the Court late on Thursday 30 September for consideration by the Court the following day. Ms PL had formed the view that she should apply for th...

2. [2021] NZEnvC 017 Director General of Conservation v Whangarei District Council [pdf, 5 MB]

   ...Schedule 1, clause 14(1) (a – d)? 10 (c) Did the appellant refer to the provisions or rules? [39] In Option 5 Inc v Marlborough District Council4 “provision or matter should be given a limited interpretation” and in Royal Forest & Bird Protection Society v Southland District Council5 this includes whether “fairly and reasonably raised”. The Court is to look at the whole relief package.6 [40] More recently, holistic approaches to resolution have been endorsed by...

3. COVID-19 Alert Level 3 in the District Court data summary [pdf, 335 KB]

   ...filed on average a week during Alert Level 3 compared to Alert Level 4. However, the difference is slight with only 10 charges fewer a week (-3%). Offences against justice (which includes offences for breaching community sentences, breach of protection order and people on bail not attending scheduled court appearances) had the largest increase in the average number of charges filed per week (+123 charges; +31%). Much of the increase was related to: • failure to answer bail (...

4. [2018] NZEnvC 026 Marlborough District Council v Burkhart Industries Ltd [pdf, 5.3 MB]

   ...Act 1991, the Marlborough District Council 's application to change the interim enforcement orders made in decision [2017] NZEnvC 214 is refused. B: Under sections 319 and 321 of the Resource Management Act 1991, the Royal Forest and Bird Protection Society Incorporated's application to change the interim enforcement orders made in decision [2017] NZEnvC 214 is granted, to the extent that Orders [A] 3 and 4 of that decision are deleted and the following orders in respect...

5. [2019] NZREADT 37 - Tafilipepe - penalty [pdf, 280 KB]

   ...least in part, a prospective purchaser) to the property without Ms Cokojic’s prior consent or authority, in breach of her obligation to act in good faith and deal fairly under r 6.2 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”);2 1 Complaints Assessment Committee 414 v Tafilipepe [2019] 13 (Decision originally issued on 11 April 2019, then recalled and re-issued on 10 May 2019). 2...

6. Hallett v Te Moana - Estate of Sheryl Marie Te Moana (2019) 399 Aotea MB 138 (399 AOT 138) [pdf, 297 KB]

   ...Campbell confirmed the de facto relationship between her sister and the deceased and noted they had entered into many business dealings together. She submitted that it was the deceased’s wish that if anything happened to her, she would take care of Ms Hallett in the event of her death. Even though Ms Te Moana did not 1 394 Aotea MB 284-292 (394 AOT 284-292) at 284 2 Ibid, at 291 399 Aotea MB 140 leave a will, Ms Campb...

7. REAA v Ross [2012] NZREADT 4 [pdf, 136 KB]

   ...Act. The particulars of the charge were as follows: “The defendant failed to act in the best interests of a client, namely Machirus Properties Ltd (client), in breach of rule 9.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009, in that: (a) On or around 15 April 2011, $6,164 was paid into the defendant’s personal bank account by Gerard Vaney of IDM Marketing Ltd (Funds); (b) The defendant knew that the funds were paid as a deposit in respect of...

8. Rewita - Opape 5A2B2 (2009) 111 Ōpōtiki MB 71 (111 OPO 71) [pdf, 432 KB]

   ...the house with her family since taking the lease of the whole block in D~cember 1992; 4& She had improved and renovated the house from her own resources, and she had paid the rates and land rentals; " She had demonstrated commitment to caring for the house and the land for 15 years and thus she wished to secure a lifetime interest to enable her to continue living in the house with her disabled son. [ 4] Ms Rewita filed consents from the Advisory Trustees with her applicat...

9. EL v IN Ltd [2022] NZDT 149 (18 August 2022) [pdf, 165 KB]

   ...storage facility, CD and the owner of the moving company who moved EL’s good to his house in [City B]. 25. CD confirms that no one else had access to the storage facility once the items were placed there by IN Ltd. He commented on the lack of protective measures taken by IN Ltd and what he considered a lack of care taken by the operators dealing with EL’s property. 26. SC, owner of DMS, said his company picked up EL’s items on 18 January 2022. He said upon pick up, many item...

10. BORA Smoke-free Environments (Controls and Enforcement) Amendment Bill [pdf, 338 KB]

    ...prescribed with which one or more classes of people of that kind must comply with before, or while, allowing a tobacco product, package or carton to be visible in a way prescribed. Right to Freedom of Expression Section 14 of the Bill of Rights Act protects the right to “freedom of expression, including the freedom to seek, receive and impart information and opinions of any kind and any form.” The right extends to all forms of communication including advertising. [1] The Canadia...