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1. BORA Evidence Bill [pdf, 406 KB]

   ...The bill's purpose is expressed to be: to help secure the just determination of proceedings by - (a) providing for facts to be established by the application of logical rules; and (b) promoting fairness to parties and witnesses; and (c) protecting rights of confidentiality and other important public interests; and (d) avoiding unjustifiable expense and delay 3. The bill codifies many existing rules of evidence and procedure (common law or statutory), but also modifies some rul...

2. Directory of Official Information P-R [pdf, 997 KB]

   ...Parliament. Functions and responsibilities NZ Post has been a critical part of New Zealand’s landscape for over 180 years. Our 6,500 people connect customers, consumers and businesses across New Zealand and around the world ‘delivering what people care about’. We process and deliver items – parcels, packages and letters. We also provide logistics services for businesses, including many who are engaged in eCommerce here and internationally. NZ Post’s strong delivery and lo...

3. Service providers

   ...non-violence courses and services. We fund these through community-based provider groups across the country. Family mediation & parenting course providers Family Dispute Resolution providers are mediators who help families settle disputes about the care of their children. Parenting Through Separation courses give separating or separated parents information and support to make good decisions about the care of their children. Practice notes & procedures Practice notes cover many...

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4. [2022] NZIACDT 28 - DD v Pabellon (15 November 2022) [pdf, 205 KB]

   ...refunding $2,300. Complaint filed in the Tribunal [22] The Registrar filed a statement of complaint (21 December 2021) in the Tribunal alleging negligence on the part of Ms Pabellon, or alternatively breaches of cl 1 of the Code (lack of due care and diligence), by: (1) Failing to recognise (across multiple stages of the process) that the complainant’s academic qualification had not been completed and did not qualify for the points claimed. (2) In doing so, providing inaccur...

5. IB v QY LCRO 242 / 2010 (10 February 2012) [pdf, 86 KB]

   ...have been affected or influenced by that 3 allegation. It was said that the Practitioner ‘took a position’ in relation to the advice he gave, and that his representation of his clients was, or could have been, affected by concerns to protect the interests of the firm. Standards Committee enquiry [11] The New Zealand Law Society investigated the complaints and its decision sets out the background in some detail which I have considered necessary to restate here. It...

6. ENV-2016-AKL-000187 England Spring Street Residents v Auckland Council [pdf, 12 MB]

   ...are matters of discretion. xi. If one or more of the core development standards are not met, then the normal tests for notification apply. xii. A range of other (some non-residential) activities are provided for, such as visitor accommodation, care centres (including child care centres), supported residential care, boarding houses, dairies, restaurants, community facilities and healthcare facilities. Some are permitted activities where they are small-scale, and some will require a co...

7. [2019] NZEnvC 195 Clevedon North Limited v Auckland Council [pdf, 11 MB]

   ...later. [13] Other aspects of this matter were not clear to us until the hearing started, and those include the fact that through lots 22, 14 and 15 on the Plan marked B there is an area of contiguous green land. On this there are trees that are protected and the area forms something of a central open space at the southern end of the subdivision. This area is privately owned and apparently the Council was not interested in acquiring that 5 area. For current purposes this area wil...

8. Auckland District Law Society v Dorbu [2009] NZLCDT 3 [pdf, 151 KB]

   ...of delay. They had this to say (paragraph 35): “Both the High Court of Australia and the Federal Court concluded that a weighing process, similar to that undertaken in a criminal case, was required, but with accounts also to be taken of the protective nature of the disciplinary jurisdiction. That is disciplinary proceedings are not punitive in nature, but essentially protective of societal interests.” The Court went on to uphold that the application of administrative law p...

9. [2019] NZLVT 003 Walker v Auckland Council [pdf, 2.3 MB]

   ...Council's application [6] The Council seeks an award of costs for $175,000 being approximately 70% of actual costs. The Council submits that the features of this case that justify a greater than usual award of costs are:" (a) after a carefully reasoned first instance hearing by an appropriately qualified commissioner the applicant amended its application materially to take full advantage of the de novo jurisdiction of the court; (b) the applicant sought to challenge the...

10. Otago Standards Committee v Duff [2022] NZLCDT 4 (21 January 2022) [pdf, 103 KB]

    ...[4] In determining proper penalty orders to be made against a practitioner, the Tribunal begins with an assessment of the gravity of the misconduct itself.2 [5] We remind ourselves that the purpose of penalty and disciplinary proceedings is a protective not punitive one. The LCA records in s 3 its purposes which include the maintenance of public confidence in the provision of legal services and the protection of consumers of legal services. Both limbs of the protective purposes e...