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1. Otago Standards Committee No. 1 v Zhao [2016] NZLCDT 22 [pdf, 115 KB]

   ...up the movement of funds and ensure compliance at the time of billing, that is, that this was not an isolated or unusual occurrence. He did not seem to be troubled by the fact that while the funds were in his personal account, they lacked the protection afforded by the strict provisions of the trust account regime. 24 [81] The regulations and rules surrounding the handling of client funds are in place for important protective purposes. Compliance is a fundamental obligati...

2. Auckland Standards Committee 2 v Holland [2022] NZLCDT 9 (3 March 2022) [pdf, 216 KB]

   ...wilfully or recklessly disregarding her obligations to comply with a formal s 147 notice in relation to investigation of this matter. On that charge she was censured and suspended from practising for four months. We are satisfied and have been careful to ensure that the current charge does not duplicate the previous charge and findings. We note though, that Ms Holland expressly sought that the Tribunal have before it and consider her evidence in the earlier proceedings. On that...

3. Appeal Against Penalty Olde-Olthof & Anor v REAA CAC 20005 & Anor [2014] NZREADT 37 [pdf, 70 KB]

   ...that the customer can seek expert advice if the customer so chooses.” General Principles [13] We agree with counsel for the Authority that decisions of industry disciplinary tribunals should emphasise the maintenance of high standards and the protection of the public (through both specific and general deterrence). While this may mean that orders made in disciplinary proceedings have a punitive effect, this is not their purpose – Z v CAC [2009] 1 NZLR 1 at [97]. As McGrath J said...

4. Moctezuma v Chase-Seymour [2013] NZIACDT 40 (26 June 2013) [pdf, 152 KB]

   ...Tribunal is required to weigh the public interest against Ms Chase- Seymour’s interests. [59] When dealing with integrity issues there is never any certainty that, short of exclusion from a profession, a person will not reoffend. This Tribunal must carefully weigh the circumstances. It is appropriate to place an element of considered trust in a practitioner who has shown the capacity and willingness to rehabilitate. [60] A significant factor in this case is that it involves dishonesty...

5. [2024] NZEnvC 182 Beresford v Queenstown Lakes District Council [pdf, 1.6 MB]

   BUNKER & ROUSE v QLDC – DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 182 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN M J BERESFORD, R T BUNKER & L M ROUSE (ENV-2018-CHC-69) Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Environment Judge S Tepania Environ

6. Director of Proceedings v Nelson [2013] NZHRRT 38 [pdf, 275 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 38 Reference No. HRRT 026/2012 UNDER SECTION 50 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN DIRECTOR OF PROCEEDINGS PLAINTIFF AND RUTH NELSON DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson Ms K Anderson, Member Ms WV Gilchrist, Member REPRESENTATION: Mr A Martin, Director of Proceedings, Plaintiff and Ms H Cook Mr AC Beck for de

7. [2006] NZEmpC AC 54/06 Yuan Cheng International Investment Group Ltd v Buer [pdf, 92 KB]

   ...addressed the decision of Pearce v Attorney-General in respect of the Department of Labour [2005] 1 ERNZ 731. That was a case where the full Court of the Employment Court considered the effect of an amendment to the Parental Leave and Employment Protection Act 1987 on the interpretation of the original section. The Court accepted there were three possibilities that can be gained from the authorities: • The original legislation was ambiguous and therefore the amending legislatio...

8. Auckland Standards Committee 1 v Fendall [2018] NZLCDT 26 [pdf, 349 KB]

   ...defined in s 241(c)?3 5. If not, did unsatisfactory conduct occur? Background [5] Ms Fendall is a practitioner of many years’ experience who has primarily specialised in representing young people in the Youth Court. [6] Having taken out income protection insurance in 2002, she made her first claim under the policy in September 2009. Her claim was accepted because she was suffering from depression. [7] This was the first claim period of two periods which are under consideratio...

9. LCRO 121/2023 AI v HR (12 December 2023) [pdf, 218 KB]

   ...require their lawyers to obtain valuations of, or to advise them about the values of, the relationship property. 1 Separation and Relationship Property Agreement (6 March 2018) (the agreement). 3 [13] The agreement contained a further lawyer protection clause which read as follows: The parties hereby acknowledge and agree that in executing this Agreement they have not relied on the other parties (sic) legal advisers and they hereby cross indemnify the other party’s legal advis...

10. 25072025-Electoral-Amendment-Bill [pdf, 581 KB]

    ...influencing a person’s choice whether to vote or not, for example. Treating and undue influence 50. The proposed amendments to the offences of treating and undue influence appear consistent with the NZBORA.52 Either the proposals are consistent with protected rights such as s 12, by positively upholding the integrity of the electoral system, or to the extent that they impose limits on protected rights, those limits are justified given (i) the important goal of preserving electoral int...