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1. [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...

2. XB & XC v A North Island Standards Committee LCRO 207-208 / 2012 (10 June 2013) [pdf, 163 KB]

   ...consider this submission provides a convincing argument for the arrangement put in place by Mr XB. Has there been a breach of section 110 of the Lawyers and Conveyancers Act 2006? [21] The purposes of the Lawyers and Conveyancers Act include the protection of consumers of legal services and the maintenance of public confidence in the provision of legal services. These cannot be achieved if questionable arrangements are made with regard to client funds. I do not mean questionab...

3. 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...

4. 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...

5. 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...

6. Notes from Crown Maori Relations hui Christchurch 15 April 2018 [pdf, 412 KB]

   ...issue of water, either in terms of water quality, the ownership/allocation of water, and access and control. Legacy issues in relation to water quality was raised by several speakers. There was an emphasis on the point that if water quality is not protected, that this is having (and will have) an impact on people – quality of kai, their health and whānau life. • Water quality – Several speakers were concerned about the pollution of waterways in Canterbury, and that polluters...

7. Canterbury Standards Committee v Sisson [2011] NZLCDT 35 [pdf, 143 KB]

   ...recognises that she needs intense psychological therapy and is unable to cope with 5 practice at the present time. Obtaining such professional assistance could have been viewed as a step towards rehabilitation that was a mitigating or protective step, but once again Ms Sisson failed to approach it in a proper or timely way and her refusal to show us the report meant no reliance could be placed upon it. Ms Sisson sought a period of suspension rather than strike off. She pro...

8. Nguyen v Hu [2016] NZIACDT 51 (12 September 2016) [pdf, 134 KB]

   ...ensure that appropriate standards of conduct are maintained in the occupation concerned. [14] The statutory purpose is achieved by considering at least four factors that materially bear upon maintaining appropriate standards of conduct: [14.1] Protecting clients: section 3 of the Act states that “[t]he purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [14.2] Demanding minimum standards of conduct: Dentice v Valuers Registrati...

9. Hallett v Te Moana - Estate of Sheryl Marie Te Moana (2019) 399 Aotea MB 138 (399 AOT 138) [pdf, 297 KB]

   ...succeed to Ms Te Moana on intestacy would be her siblings, given she did not have children. [15] However, as foreshadowed, the position of Ms Hallett must also be considered in the context of s 116 of the Act and the provisions of the Family Protection Act 1955. Is Ms Hallett entitled to an order per s 116 of the Act? [16] Section 116 of the Act provides: 116 Court may make special provision relating to income (1) Subject to subsection (2), in the exercise of its powers under...

10. 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�...