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1. [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...

2. Legal Complaints Review Officer v Hong [2013] NZLCDT 9 [pdf, 224 KB]

   ...provisions of the Lawyers and Conveyancers Act 2006 (“the Act”) and the Lawyers 2 Section 7(1)(b)(ii) Lawyers and Conveyancers Act 2006. 5 and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (“CCCR”), and that those breaches amounted to misconduct in terms of s 7(1)(b)(ii) of the Act. [16] The provisions said to be breached were: (a) Section 4(a) of the Act and Rule 2 CCCR, by Mr Hong failing in...

3. Ngati Pahauwera Affidavits 2 of 4 [pdf, 11 MB]

   ...back to them. One place we used to go to was 12 miles out from Waihua - I can't remember the name of the spot. Soon as you can just see the top of Whakapuanaki you stop. Man, we used to get the snapper there. 14. You've got to be careful when you take your boat off the beach - you have to count the waves. You can't come up the bar - land on the beach, it's safer. When you come in you have to time it to come in behind the big waves - you have to count them. A...

4. 2013 archive

   ...Procedure Act implementation Legal Aid: Criminal Procedure Act 2011 consultation response on changes to the criminal fixed fees Pre-approved disbursements for criminal cases Temporary travel and parking disbursements for Upper Hutt and Feilding courts Protection of Personal and Property Rights Act 1988 Consultation response paper for new family legal support service The Ministry of Justice recently consulted on a new legal support service, which is being established as part of reforms to the f...

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5. Coma v Real Estate Agents Authority [2019] NZREADT 14 [pdf, 184 KB]

   ...By definition, such circumstances must arise only very rarely. [29] We accept Ms Wisniewski’s submission that fundamental importance of the principle of open justice, and the transparency of court proceedings, is highlighted by the consumer-protection focus of the Act, made clear in s 3(1): 3 Purpose of Act (1) The purpose of the Act is to promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in th...

6. [2019] NZEmpC 41 Renaissance Assets Management Ltd v Ge [pdf, 350 KB]

   ...Management Ltd; and 1 Ge v Renaissance Assets Management Ltd [2018] NZERA Auckland 272. (b) had been unlawfully required to pay a premium to Renaissance Assets in breach of s 12A of the Wages Protection Act 1983. [2] The Authority held that in dismissing Mr Ge on 20 December 2016, for serious misconduct, Renaissance Assets had failed to satisfy s 103A of the Employment Relations Act 2000 (the Act). The Authority considere...

7. Complaints Assessment Committee 410 v Dai [2017] NZREADT 18 [pdf, 104 KB]

   ...carrying out real estate agency work other than for on or behalf of an agent. [b] Second charge: Ms Dai wilfully or recklessly breached ss 126, 127 and 133 of the Act, and r 11.2 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”). [c] Third charge: Ms Dai wilfully or recklessly breached r 6.2 of the Rules. [d] Alternative to the third charge: Ms Dai’s conduct constituted seriously incompetent or seriously negligent real estat...

8. Complaints Assessment Committee 408 v Reed [2017] NZREADT 34 [pdf, 160 KB]

   ...on 3 October 2014. They were not charged commission on the sale. The Tribunal’s findings [9] The Tribunal found that in breach of ss 134 and 135 of the Act, and 10.2, and 10.3 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), Mr Reed : [a] did not provide the Whittys with a written appraisal of the property before the agency contract was signed; [b] did not explain to them the nature and implications of his buying the propert...

9. JR v QL LCRO 108 / 2012 (7 September 2012) [pdf, 80 KB]

   ...deducted. [8] The concerns of the Committee were whether the Practitioner had breached his professional obligation as set out in Chapters 3 (3.4 (a) and 3.5), 5 (5.4.1, 5.4.2, 5.4.3, 5.4.4), 6 (6.1) and 11 (11.1) of the Lawyers Conduct and Client Care Rules 2008. The 3 Committee was of the view that each aspect of the complaint, if found proven, was capable of reaching a threshold of misconduct or alternatively, given that the issues were so closely interwoven, then taken...

10. 20240624-Education-and-Training-Amendment-Bill.pdf [pdf, 202 KB]

    ...movement are demonstrably justified under s 5 of the Bill of Rights Act. As with similar advice given on a previous Bill,3 we note that the purpose of these kinds of provisions is to minimise disruption to the delivery of education for students, and protect the health, safety, and wellbeing of students. The provisions are therefore rationally connected to these objectives and minimally impair freedom of association and movement. 2 Moncrief-Spittle v Regional Facilities Auckland Li...