Search Results

1. Director of Proceedings v Xu [2023] NZHRRT 30 [pdf, 554 KB]

   ...1. The plaintiff is the Director of Proceedings exercising statutory functions under sections 15 and 49 of the Health and Disability Commissioner Act 1994 (“the Act”). 2. At all material times the aggrieved person was a consumer of health care services. 3. At all material times the defendant, Mr Shengming (Steven) Xu (“Mr Xu”), a massage therapist, was a health care provider within the meaning of s 3 of the Act, and was providing health care services to the aggrieved p...

2. [2025] NZLCDT 17 National Standards Committee 2 v Tennet (20 March 2025) [pdf, 157 KB]

   ...had had a succession of law students employed part-time to assist him. However from 23 August 2019,3 Mr Hunter was the sole person working in Mr Tennet’s office alongside Mr Tennet. 1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 – rules 11, 11.3, 11.4 (pre 1/7/21) and rules 11(a)(iii) and (b), 10.11 (after 1/7/21). 2 Lawyers and Conveyancers Act 2006. 3 Memorandum of Counsel, Mr Pyke 14 March 2025. 3 [5] BH said he wished to gain “wor...

3. Pinnock & Ors as Trustees of the Pinnock Trust v Auckland City Council [2011] NZWHT Auckland 28 [pdf, 373 KB]

   ............................................................................................. 34 WHAT WERE THE RESPECTIVE ROLES OF MR COLE AND MR RAWSON? .......................................................................................................................... 38 DO MR RAWSON AND MR COLE OWE THE CLAIMANTS A DUTY OF CARE? .......................................................................................................................... 41 Roy Rawson ........................

4. Directory of Official Information G-I [pdf, 830 KB]

   ...30 May 2022 Governing statutes Wildlife Act 1953. Functions and responsibilities • Primarily to improve game bird habitat, and secondarily, to improve the habitat of other wildlife. • Receive and evaluate applications for funding the protection, restoration, improvement, creation or procurement of habitat. • Identify and evaluate areas for protection, restoration, improvement, creation, or procurement of habitat. • Negotiate with landowners and other agencies for th...

5. Directory of Official Information G-I [pdf, 834 KB]

   ...30 May 2022 Governing statutes Wildlife Act 1953. Functions and responsibilities • Primarily to improve game bird habitat, and secondarily, to improve the habitat of other wildlife. • Receive and evaluate applications for funding the protection, restoration, improvement, creation or procurement of habitat. • Identify and evaluate areas for protection, restoration, improvement, creation, or procurement of habitat. • Negotiate with landowners and other agencies for th...

6. [2016] NZEnvC 253 Environmental Defence Society Incorporated v Mackenzie District Council [pdf, 666 KB]

   ...Environment Judge LJ Newhook sitting alone under s279 of the Act at Christchurch on 16 December 2016 R Enright and M Wright for Applicant D Caldwell and A Limmer for MDC L de Latour for Canterbury Regional Council S Gepp for Royal Forest and Bird Protection Society Inc R Gardner for Federated Farmers K Forward for The Wolds Station Limited and Mt Gerald Station K Reid for Mackenzie Irrigation Company, Simons Pass Station and Simons Hill Station Date of Decision: LI December 2016...

7. Cooper v Standards Committee LCRO 280/2013, 281/2013, 324/2013, 325/2013, 34/2014, 118/2014 (17 April 2015) [pdf, 406 KB]

   ...appeared to have receipted funds directly into his practice account, in breach of rule 9.3, regs 9 and 10 of the Lawyers and Conveyancers Act (Trust Account) Regulations 2008, and s 110 of the Act. [6] The Committee considered:5 …that the protection of client money is of paramount importance under the Act and the reason why there are stringent rules around the handling of client money by lawyers. Mr Cooper’s conduct is in direct contravention of these requirements and is a ser...

8. ABN Ltd v ZYR & ZYQ [2013] NZDT 61 (17 May 2013) [pdf, 68 KB]

   ...advised ZYR and ZYQ of that. [38] There has been no evidence given that the argument of ABN Ltd was not correct. [39] Therefore, I find that there has been no breach by ABN Ltd of the guarantee that the service will be provided with reasonable care and skill (s 28, Consumer Guarantees Act 1993). [40] I also find that there has been no breach by ABN Ltd of s 29 of the Consumer Guarantees Act 1993, which states that the product of a service provided should be fit for its i...

9. LCRO 12/2021 OH v GC (25 May 2021) [pdf, 131 KB]

   ...not determine the outcome of the complaint. It only determines which body should be seized of it.”2 • “… the imposition of a threshold test3 is an unwarranted gloss on s 152…”4 • “The oversight of the LCRO should … assist in protecting the resources of the Tribunal and prevent it from being overwhelmed by petty or trivial cases.”5 • “… it is in our view important that the Tribunal be able to determine some complaints even though the likely sanction w...

10. BORA Motor Vehicle Sales Amendment Bill [pdf, 377 KB]

    ...4. The penalty for this offence, prescribed in section 118 of the Act, is $50,000 for an individual and $200,000 for a body corporate. 5. We have considered whether this clause is a prima facie breach of section 9 of the Bill of Rights Act, which protects the right not to be subjected to disproportionately severe punishment. We note that the penalty is high for an offence which we consider is regulatory in nature. We further note that, while other sections in the Motor Vehicle Sales Act a...