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1. Ratahi v CAC301 & Legge [2015] NZREADT 62 [pdf, 221 KB]

   ...conduct as found by the Committee. [36] The Authority submits that a meaningful monetary penalty was required in this case in order to achieve the purposes of disciplinary proceedings, being the maintenance of proper professional standards and the protection of the public through specific and general deterrence. [37] Counsel for the Authority submits that the requirements to provide a proper appraisal and only charge commission where an agency agreement has been signed are basic and...

2. BORA Border Security Bill [pdf, 72 KB]

   ...BORA Issues - Amendments to the 1996 Act 6. In this section, I will address: 6.1 Provisions in the new Part 3A dealing with Customs access to, and use of, information about border-crossing goods, persons and craft. 6.2 The protection from liability conferred by the new s 38O. 6.3 Provisions conferring on Customs an enhanced power to question and detain. I deal with each in turn. Part 3A - access to information about border-crossing goods, persons and craft...

3. LA Audit Report 2018-2019 and 2019-2020 [pdf, 401 KB]

   ...concerns .............................................................................................................17 Private payments .............................................................................................................18 Protecting the Commissioner’s interests ..........................................................................19 Conclusion ....................................................................................................................

4. Gray & Ors as Trustees of the John Gray Family Trust v Lay [pdf, 300 KB]

   ...there is no argument about the fact that Mr Lay was involved with the construction work on this project. The Owners claim that Mr Lay failed to manage or supervise the work properly, which led to the defects, which was in breach of his duty of care owed to subsequent owners of the dwelling. 3.6 The fourth respondent is the company of Jessop Townsend Limited (“JTL”), which the Owners say was the architectural practice that undertook the design work, prepared the drawings fo...

5. [2023] NZEmpC 162 Birthing Centre Ltd v Matsas [pdf, 445 KB]

   ...refer to some of the extensive evidence placed before the Court. [4] For the purposes of its analysis, the Authority noted that BCL is owned by the Wright Family Foundation, a trust which was established with a view to effecting change in the care and support of birthing mothers, with an emphasis on primary care during the first 1,000 days. It was noted that BCL provides primary birthing services at various locations around New Zealand, one of which was Te Papaioea where the pr...

6. Directory of Official Information 2019 J-L [pdf, 834 KB]

   ...Lakes District Health Board ...............................................................................................22 Land Information New Zealand .........................................................................................27 Landcare Research New Zealand Ltd ...............................................................................32 Landcorp Farming Limited (Landcorp) .............................................................................35 Law Commissi...

7. 2019 Directory of Official Information J-L [pdf, 490 KB]

   ...Lakes District Health Board ...............................................................................................21 Land Information New Zealand .........................................................................................27 Landcare Research New Zealand Ltd ...............................................................................32 Landcorp Farming Limited (Landcorp) .............................................................................35 Law Commissi...

8. Faleauto v DE LCRO 99/2015 (29 November 2016) [pdf, 101 KB]

   ...contravened ss 110(2) and 112(1) of the Act, regs 9 and 10 of the Lawyers and Conveyancers Act (Trust Account) Regulations 2008 (the Trust Account Regulations), and rr 9.3 and 14.2 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). [3] The Committee also determined that there had been unsatisfactory conduct on the part of Mr Faleauto because he failed to complete the retainer with Mr DE, failed to keep Mr DE informed of progress of the r...

9. ENVC speech Arbitrators Mediators Institute 2013 [pdf, 189 KB]

   ...experience of the Commissioner as a member of the Court comes into play. In addition to mediation training, new Commissioners are buddied up and more complex mediations may be co-mediated. Plan Change appeals can involve a large number of parties. Careful management of the mediation process is critical to successful outcomes in these types of appeals. We have found that a significant proportion of appeals on Plan Change and Plan reviews are resolved through mediation. b. Reso...

10. [2015] NZEmpC 17 ALLWAZE Designs Ltd v Cawthorne [pdf, 112 KB]

    ...unable to meet an adverse award of costs. That must be taken as contemplating also that an order for substantial security may, in effect, prevent the plaintiff from pursuing the claim. An order having that the effect should be made only after careful consideration and in a case in which the claim has little chance of success. Access to the Courts for a genuine plaintiff is not lightly to be denied. [16] Of course, the interests of defendants must also be weighed. They must be...