Search Results

1. Pope v Human Rights Commission (Strike-Out Application) [2014] NZHRRT 3 [pdf, 88 KB]

   ...he or she may do or report or say in the course of the exercise or intended exercise of his or her functions under the Act (unless it is shown that he or she acted in bad faith). [47.2] In the face of these provisions it would be absurd were the protection conferred by s 25 of the Act to apply to proceedings in any court, but not in a tribunal. [47.3] The more so in the case of the Human Rights Review Tribunal given its characteristics as discussed in O’Neill. [48] It follows t...

2. [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...

3. Derringer Trust v Upton [pdf, 19 KB]

   ...weathertightness could be achieved without installing flashings. [12] Mr Bidwell confirmed the other leaking areas were as set out in the assessor’s report. [13] The assessor found that various areas of the polystyrene cladding along with the protective coating had failed and required complete removal. He also identified a general lack of flashings and the need to replace the spouting correctly. He noted internal damage as a result of the leaks. [14] The assessor at...

4. LA v VY LCRO 217 / 2010 (30 April 2012) [pdf, 73 KB]

   ...Practitioner responded, stating that the Applicant was not compelled to sign the settlement document. The Practitioner added the Applicant had received independent advice from Ms L (a lawyer) and also, he understood, from a barrister. [13] I carefully examined the document, which contained a number of settlement terms. It was in fact drafted by the barrister, and although the Practitioner stated that the Applicant was not compelled to sign it, I note that the document itself o...

5. [2018] NZEnvC 033 Burkhart Fisheries Limited v Marlborough District Council [pdf, 1.1 MB]

   ...proceeding now because the appeal is still at an early stage, the evidence has not been exchanged and there has been no mediation. MEC reply, received 12 March 201 8. 3 Position of the other parties [6] The CounciF and the Royal Forest and Bird Protection Society of New Zealand Incorporated ('RFB') (a s 274 party)' do not oppose the application for waiver. [7] The appellant opposes the application on the grounds: 4 (a) the s 274 notice has been filed over five...

6. BORA Resource Management (Enhancement of Iwi Management Plans) Amendment Bill [pdf, 314 KB]

   ...every stage of the planning process.[2] 12. Nevertheless, the Courts have made it clear that the interests of Māori are not the only interests to consider: While the Maori dimension, whether arising under s 6(e) or otherwise, calls for close and careful consideration, other matters may in the end be found to be more cogent when the Court, as the representative of New Zealand society as a whole, decides whether the subject-matter is offensive or objectionable under s 314. In the end...

7. Jacobsen v Zhou [2015] NZHRRT 38 [pdf, 71 KB]

   ...that act or omission is authorised or required by an enactment or otherwise by law. (2) Nothing in this Part affects the New Zealand Bill of Rights Act 1990. [36] Mr Zhou says, in effect, he was under a duty to provide services with reasonable care and skill and this, in turn, required him to recognise the limitations to his skill and experience in dealing with patients with potential health problems. http://www.legislation.govt.nz/act/public/1993/0082/latest/link.aspx?id=DLM224791�...

8. [2022] NZIACDT 14 - XZ v Liu (27 June 2022) [pdf, 220 KB]

   ...contended that there was nothing on the face of the e-visa itself, nor the approval letter, to tell Mr Liu that the date of the grant was 17 January 2020. It would be 6 inappropriate to label Mr Liu’s advice as negligent or lacking in due care, pursuant to the test set out in Mercado.2 An error in the course of providing professional advice may not breach a professional standard if it is an excusable human error.3 In this case, Mr Liu overlooked what other competent and dili...

9. BORA Public Finance (State Sector Management) Bill [pdf, 48 KB]

   ...seizure. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a "search or seizure". Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. Inspection powers - clause 37 15. Clause 37 of the Bill amends the State Sector Act 1988 by repealing section 8 and substituting a new pr...

10. CAC 304 v Morris [2016] NZREADT 35 [pdf, 124 KB]

    ...Trust.” Submissions for the Prosecution [4] Ms Copeland (as counsel for the prosecution) noted that it is well established that penalty decisions of professional disciplinary tribunals should emphasise the maintenance of high standards and the protection of the public through specific and general deterrence. While this may result in orders having a punitive effect, this is not their purpose Z v CAC [2009] 1 NZLR 1; CAC V Walker [2011] NZREADT 4. [5] In CAC v Spencer [2013] NZREADT...