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1. BORA Young Offenders (Serious Crimes) Bill [pdf, 408 KB]

   ...an offender who committed an offence the penalty for which is less than three months imprisonment when he or she was under 16 years of age but at the time of conviction is 16 years or older, prima facie infringes section 25(g). However, given the protective nature of the provision and the broad discretion of the sentencing court, we are of the view that it is justified in terms of section 5 of the Bill of Rights Act. 4. We have also considered potential issues of inconsistency with secti...

2. Research report: Without notice applications in the Family Court [pdf, 1.7 MB]

   ...responsive to children and vulnerable people, and is efficient and effective” (Family Court Proceedings Reform Bill, p. 1). 2. The reforms changed the way in which the family justice system assists separating couples to reach agreement about care and contact arrangements for their children. The reforms shifted the focus from Court resolution of these disputes to encouraging parents to reach agreement themselves, where this is appropriate, and to prevent disputes from occurring or es...

3. Otago Standards Committee v Stewart [2016] NZLCDT 28 [pdf, 77 KB]

   ...the inspector’s reports in February 2014. During this time he acknowledges he was entirely reliant on ETIL to carry out the due diligence in respect of the client’s referred to him. However he confirmed to us in oral evidence that he was careful to always obtain some form of Government-issued identification for each client. [29] During the period in question Mr Stewart confirms that he had complete confidence in Mr Orlov and thus his company, although he expressed to us some...

4. Government-Response-to-Te-Aka-Matua-o-te-Ture-Law-Commission-report.pdf [pdf, 1.1 MB]

   ...IC E Government response to the Te Aka Matua o te Ture | Law Commission report He arotake i te āheinga ki ngā rewa a te tangata ka mate ana | Review of Succession Law: rights to a person’s property on death Introduction The Government has carefully considered te Aka Matua o te Ture | Law Commission’s report, He arotake i te āheinga ki ngā rewa a te tangata ka mate ana | Review of Succession Law: rights to a person’s property on death (the succession report). The Government...

5. Pullar - Aperahama Sullivan whānau Trust (2017) 61 Takitimu MB 45 (61 TKT 45) [pdf, 439 KB]

   ...addition, I am satisfied that there has been sufficient opportunity to discuss and consider the variation. The only opposition to payments being made to Nan Sullivan came from Ms Andrews, the remainder all expressed a desire that their mother be taken care of and that the trust funds could be used for that purpose while recognising that the way the payments were made was unlawful. [45] That there is only one objection to the variation concerning Nan Sullivan is telling. If, as Mr...

6. CAC 10031 v Lum-On - Penalty Decision [2012] NZREADT 47 [pdf, 30 KB]

   ...additional public inquiry needs to be undertaken by the Tribunal. An order for suspension or cancellation could have been made and can be imposed if appropriate. [5] A penalty must fulfil the following functions in a disciplinary case. They are: (a) Protecting the public Section 3 of the Real Estate Agents Act sets out the purposes of the legislation. The principal purpose of the Act is “to promote and protect the interests of consumers in respect of transactions that relate to r...

7. CAC 10043 v Brooker - Penalty Decision [2012] NZREADT 31 [pdf, 107 KB]

   ...1 [2009]1 NZLR 1 2 At [97] 2 may have that effect, but to ensure appropriate standards of conduct are maintained in the occupation concerned. [4] A penalty must fulfil the following functions in a disciplinary case. They are: (a) Protecting the public Section 3 of the Real Estate Agents Act sets out the purposes of the legislation. The principal purpose of the Act is “to promote and protect the interests of consumers in respect of transactions that relate to real estat...

8. BORA Sex Offenders Registry Bill [pdf, 24 KB]

   ...an offence not to notify the Police of any such change of address or name within 14 days. 10. We consider that this provision is not inconsistent with the right to freedom of expression. We acknowledge that the right to freedom of expression, as protected by section 14, includes the right to say nothing or the right not to say certain things. We also acknowledge the decision of the High Court in Duff v Communicado Ltd that freedom of expression under section 14 should generally be defin...

9. Complaints Assessment Committee (CAC 408) v Nicholas Schembri, Joseph Lupi & Timothy Kearins [2017] NZREADT 24 [pdf, 311 KB]

   ...Committee charges Nicholas Schembri with misconduct under s 73(c) of the Real Estate Agents Act 2008 (Act), in that his conduct constituted a wilful or reckless breach of the Act and/or the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (Rules) and/or the Lawyers and Conveyancers Act 2006. Particulars 1 The defendant Mr Schembri is a licensed salesperson employed by Century 21 First Choice Wellington (Agency). 2 The Complainant owned a property located...

10. Richards - Karaka Huarua A and B (2004) 98 Whangārei 273 (98 WH 273) [pdf, 4.7 MB]

    ...account the location of any waahi tapu and areas of cultural significance. The Applicants would also take any necessary steps to safeguard waahi tapu sites identified on the area for partition; (d) any opposition to the Partition Application must be carefully weighed by the Court, taking into account all relevant circumstances including the level of actual beneficial owner opposition as compared with the views, however strongly felt, of non-owners. In any case, the Applicants shares outw...