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1. International Covenant on Civil and Political Rights - summary record 5th report (continued) [pdf, 96 KB]

   ...an asylum claim alone. People were detained only when there were concerns about the safety and security of New Zealand or if they posed a risk to the integrity of the immigration system. The Immigration Act specifically provided that refugees and protected persons who could not be deported could not be detained. New Zealand was not reluctant to grant visas to persons with disabilities: its screening policy was in place to protect public health, largely from communicable diseases. Decis...

2. Rec-Recap-2023-Q4-FINAL.pdf [pdf, 873 KB]

   .......................................................................... 23 Mizokawa [2023] NZCorC 158 (7 December 2023) ................................................................ 24 Skellett [2023] NZCorC 166 (15 December 2023) .................................................................. 26 Medical Care ............................................................................................................................ 31 Bly [2023] NZCorC 124 (11 October 2023) .........

3. 2018 NZEnvC 067 - Motiti Rohe Moana Trust and Others v Bay of Plenty Regional Council - Interim Decision of the Environment Court - 11 May 2018 [pdf, 14 MB]

   ...Leijnen Environment Commissioner SK Prime Environment Commissioner M Pomare at Mount Maunganui, 27 November to 1 December and 4-7 December 2017 RB Enright and RG Hazen for Motiti Rohe Moana Trust (MRMT) and Royal New Zealand Forest & Bird Protection Society Inc (Forest & Bird) (s 274 party) JM Pou for Ngati Makino Heritage Trust (Ngati Makino), Ngati Ranginui Iwi Incorporated Society (Ngati Ranginui) MH Hill for Bay of Plenty Regional Council (the Regional Council) JM Prebb...

4. [2018] NZEnvC 067 Motiti Rohe Moana Trust v Bay of Plenty Regional Council [pdf, 14 MB]

   ...Leijnen Environment Commissioner SK Prime Environment Commissioner M Pomare at Mount Maunganui, 27 November to 1 December and 4-7 December 2017 RB Enright and RG Hazen for Motiti Rohe Moana Trust (MRMT) and Royal New Zealand Forest & Bird Protection Society Inc (Forest & Bird) (s 274 party) JM Pou for Ngati Makino Heritage Trust (Ngati Makino), Ngati Ranginui Iwi Incorporated Society (Ngati Ranginui) MH Hill for Bay of Plenty Regional Council (the Regional Council) JM Prebb...

5. Supplementary Regulatory Impact Statement: A New Trusts Act - Commercial and Financial Trusts [pdf, 957 KB]

   ...commercial and financial trusts (discussed further below). 6. The RIS finds that for the family trust situations these recommendations are intended to apply to, the status quo best meets the needs of commercial and financial trusts. Additional protections, such as some of those the Law Commission recommends, that would apply only because the contracts also create trust arrangements, are not necessary. 7. Applying the seven classes of the Law Commission’s recommendations to commercial...

6. ENVC Hearing 6Oct14 DM expert Dennis Scott [pdf, 364 KB]

   ...that landscape and its integrity. This includes an assessment of the significant (positive) existing and emerging landscape character of the Matiatia gateway and the associated Matiatia Bay seascape and the long-term land-use management and protection provisions. 24. In this regard I describe the long-term public and private community partnership that was ‘envisioned’ over 25+ years ago. This ‘vision’ remains as the fundamental framework (with refinements) of the Auc...

7. Wang v Real Estate Agents Authority (CAC 409) v Sweetingham [2017] NZREADT 29 [pdf, 274 KB]

   ...the proposed cycleway until after the complaint was made. Substantive decision [13] In making the finding of unsatisfactory conduct, the Committee found that Ms Wang breached 5.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules), which provides that “[a] licensee must exercise skill, care, competence, and diligence at all times when carrying out real estate agency work”. The Committee also found that Ms Wang breached r 6.4, which p...

8. LCRO 53/2021 ST on behalf of the Executors of the Estate of KK v QM, WP, RS and DJ of ABC Law Limited (9 March 2022) [pdf, 274 KB]

   ...of $4,975.00 plus GST being charged to Mr FQ which is not consistent with an arrangement to charge no or only minimal fees during Mr FQ’s lifetime…”.10 [11] Mr ST submits that the respondents have breached the following Conduct and Client Care Rules:11 (a) Rule 3.4 – requirement to provide letter of engagement. (b) Rule 9.6 – obligation to render final accounts. (c) Rule 11.1 – lawyer must not engage in misleading or deceptive conduct. [12] “A significant proportion...

9. LCRO 207/2018 PC v FM (10 September 2019) [pdf, 499 KB]

   ...willing buyer for the business found their losses would have been far less. 24) Mr ZL’s desired outcome is that Mr FM is censured and that the Committee examine the culpability of his supervising partner. The Committee in its discretion having carefully considered the complaint, the practitioner’s response and the further detailed submissions prepared by Mr ZL on Ms PC’s behalf, concluded that any further action is unnecessary or inappropriate in the circumstances. 25) Ms PC...

10. LCRO 104/2018 CJ v MV (28 February 2020) [pdf, 189 KB]

    ...consisting of a contravention of this Act, or of any regulations or practice rules made under this Act that apply to the lawyer… [52] Mr UT says Mr MV admits a contravention of r 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) which says: In providing regulated services to a client, a lawyer must always act competently and in a timely manner consistent with the terms of the retainer and the duty to take reasonable care. [53] Mr UT s...