Search Results

1. Biel v Hall - Opepe Farm Trust [2011] Māori Appellate Court MB 535 (2011 APPEAL 535) [pdf, 222 KB]

   ...the appellants did not demonstrate clear opposition to the investment. Conclusion Lower Court findings [34] The lower Court‟s overall conclusion was that all five trustees, including the appellants, failed in their duty to act prudently and protect the assets of the Trust. It noted they could have sought further direction from the Court at any time but did not take that step. It was satisfied their conduct regarding this investment was sufficiently serious to warrant their rem...

2. [2024] NZREADT 40 - CAC v Tafilipepe (25 October 2024) [pdf, 367 KB]

   ...and salespersons: (b) raising industry standards: (c) providing accountability through a disciplinary process that is independent, transparent, and effective. [36] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:9 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish t...

3. [2023] NZEnvC 226 Scaife v Queenstown Lakes District Council [pdf, 1.2 MB]

   ...RVZ.4 The memorandum identifies some seventeen associated issues (and some related sub-issues) in essence as matters that go to informing the most appropriate zoning outcome. These can be summarised as follows: (a) would each zoning option protect the landscape values of the ONL having regard to associated landscape sensitivities? (b) would RVZ zoning of Matakauri Lodge be incompatible with the surrounding RLZ zoning and harm PDP plan integrity? (c) should any site-specific mo...

4. Regulatory Impact Statement Parliamentary privilege bill [pdf, 302 KB]

   ...Parliament’s right to control its own affairs for matters within its jurisdiction (exclusive cognisance).   In practical  terms, parliamentary privilege provides  immunities  from  legal proceedings  for actions  done and  things  said  in  the  context of parliamentary proceedings.    It protects  the participants  in  parliamentary proceedings, including parliamentarians, people appearing before Select Committees,  and people reporting ...

5. 2021-10-27 ORC - PC8 - Common Bundle - Volume 3(a) [pdf, 30 MB]

   ...Regional Plan: Water for Otago (9 October 2020) CB162 3A Appendix A: Minister for the Environment’s direction to refer Plan Change 8 and Plan Change 1 to the Environment Court (8 April 2020) CB232 3B Appendix B: Letter from Environmental Protection Authority commissioning Skelton report (15 September 2020) CB234 3C Appendix C: Minister’s letter in response to Skelton report CB236 3D Appendix D: Professor Skelton – Investigation of Freshwater Management and Allocation...

6. [2021] NZREADT 35 - Brady (7 July 2021) [pdf, 287 KB]

   ...transparent, and effective.9 [11] In order to meet the purposes of the Act, penalties for misconduct and unsatisfactory conduct are determined bearing in mind the need to maintain a high standard of conduct in the industry, the need for consumer protection, the maintenance of confidence in the industry, and the need for deterrence. [12] A penalty should be appropriate for the particular nature of the misbehaviour, and the Tribunal should endeavour to maintain consistency in penaltie...

7. National Standards Committee 2 v Mr Q [2023] NZLCDT 14 (2 May 2023) [pdf, 213 KB]

   ...out in the following passage3: [13] It is now well established that the purpose of penalties imposed in professional disciplinary proceedings is not punitive. Rather, it reflects the purposes of the Lawyers and Conveyancers Act 2006 (LCA): the protection of the public, the upholding of professional standards and of the confidence that the public has in the legal profession. 3 See above n 2. 6 [14] As well as that, an assessment of proportionate penalty includes cons...

8. EA v NR LCRO 130/2015 (31 October 2016) [pdf, 174 KB]

   ...determined, pursuant to s 152(2) of the Lawyers and Conveyancers Act 2006 (the Act) that there had been unsatisfactory conduct on the part of Ms NR in that she had contravened Chapter 8 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules). Rule 8 imposed a duty on Ms NR to protect and hold in strict confidence all information concerning Mrs EA, the retainer, and Mrs EA’s business and affairs acquired in the course of the professional relatio...

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

   ...competent licensee and is conduct that 4 would reasonably be regarded by agents of good standing as being unacceptable.” The Rules Referred to By the Committee [12] Rules 5.1, 6.4 and 6.5 of Real Estate Agents Act (Professional and Client Care) Rules 2009 read: “5.1 A licensee must exercise skill, care, competence, and diligence at all times when carrying out real estate agency work. 6.4 A licensee must not mislead a customer or client, nor provide false information...

10. [2020] NZEnvC 212 Dunedin City Council v Ross [pdf, 15 MB]

    ...clearance would have resulted in their loss from the cleared area. [31] In his reply affidavit of 18 October 2019 Mr Ewans maintained his position that the respondents cleared at least 0.1 ha of indigenous and non-pest plant vegetation in the protected area on the property. [32] Mr Ewans's third affidavit speaks of the joint visit of himself and Dr Thorsen on 25 September 2019 to attempt agreement on the composition of the remaining vegetation. They identified remaining trees...