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1. PC8 Urban Common Bundle - Volume 2 [pdf, 7.6 MB]

   ...relationship with the natural environment, including fresh water, through shared whakapapa. Iwi and hapū recognise the importance of fresh water in supporting a healthy ecosystem, including human health, and have a reciprocal obligation as kaitiaki to protect freshwater quality. New Zealand’s rivers and lakes should be safe for primary contact as often as possible. The Government has set a national target of 90% of specified rivers and lakes to be safe for primary contact by 2040. T...

2. LCRO 3/2024 RP v TG (21 May 2024) [pdf, 262 KB]

   ...make such payment, neither party will have any right or claim against the other as a result of such cancellation. 4 [16] On 11 January 2021, Ms NJ obtained an extension of the finance condition to 25 January 2021 and emailed the firm’s client care information and terms of engagement to the applicant. The firm quoted a modest fixed sum for acting on the purchase, subject to various exceptions, and hourly rates for work falling outside “the summary above”. [17] At about this t...

3. [2017] NZEmpC 39 ALA v ITE [pdf, 317 KB]

   ...2000 (the Act), and indemnity costs. 1 ITE v ALA [2016] NZEmpC 42. [3] ITE strongly contests the application, stating in essence that the publications or communications he made are protected by a principle of qualified privilege. Key facts The compliance orders [4] It is first necessary to describe the background facts which gave rise to the making of the compliance order. Judge Inglis found that in summary these we...

4. [2020] NZEmpC 225 Davis v Idea Services Ltd [pdf, 368 KB]

   ...operations the hazards in the workplace may include challenging behaviour of service users. [5] It is pleaded for Ms Davis that ISL acted unjustifiably and/or breached these terms by: a) failing to have the service user’s disability treatment and care reassessed prior to November 2016, as requested by Ms Davis; 1 Davis v Idea Services Ltd [2019] NZERA 610 (Member Loftus). 2 The term of the IEA placed before the Court was from 21 October 2014 to 20 October 2016. Both par...

5. Waitangi Tribunal Vol 3 Kāhui Maunga Report [pdf, 13 MB]

   .... . . . .796 11 .5 tribunal analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 797 11 .5 .1 What rights did the treaty protect ? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 797 11 .5 .2 The legislative regime and treaty duties . . . . . . . . . . . . . . . . . . . . . . . . . . ....

6. LCRO 75/2017, 210/2017 and 212/2017 SW v HB (31 October 2018) [pdf, 425 KB]

   ...the Employment Court proceeding and helped to inform its decision. [27] The Employment Court Judge said:9 [Paragraph redacted] … 8 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, r 10.2. 9 [Footnote omitted]. 7 [28] Reference was made to document 883, Ms HB’s advice to the Board on its legal options, which:10 [Paragraph redacted] … [29] The ultimate decision to terminate Mr MR’s employmen...

7. Cao v Tony Tay and Associates Ltd (in liq) [2010] NZWHT Auckland 26 [pdf, 270 KB]

   ...25 Conclusion ..................................................................................................... 25 WAS TONY TAY A DEVELOPER? ................................................................... 26 Did Mr Tay Breach the Duty of Care Owed? .................................................. 30 IS SELINA TAY A DEVELOPER? ..................................................................... 30 WHAT IS THE APPROPRIATE LEVEL OF DAMAGES TO AWARD? .............. 31 IS THE...

8. CH v DX LCRO 296 / 2012 (10 October 2013) [pdf, 100 KB]

   ...of decision- 6 Standards Committee Determination (5 October 2012). 5 making. b. The public interest required consideration of the extent to which publication would provide some degree of protection to the public and the profession. See S v Wellington District Law Society [2001] NZAR 465, at p469. c. The common law of New Zealand recognised the major interest in openness of proceedings before courts and tribunals. The val...

9. BORA Customs And Excise Amendment Bill [pdf, 419 KB]

   ...they have been processed under the Immigration Act and the Biosecurity Act, and detain persons for public health or law enforcement purposes. We have considered whether these powers are consistent with the right not to be arbitrarily detained, as protected by section 22 of the Bill of Rights Act. 8. Where an issue arises, a provision may nevertheless be consistent with the Bill of Rights Act if it can be considered a reasonable limit that is justifiable in terms of section 5 of that Ac...

10. National and Auckland Standards Committees v Orlov [2015] NZLCDT 3 [pdf, 163 KB]

    ...submissions Mr Orlov ranged over a number of topics which were helpfully summarised for us by Mr Hodge in his submissions in reply, as follows: 1. No public purpose is served by the charges being heard. 2. The charges do not relate to public protection. 3. The charges are “incomprehensible” and unsupported by evidence. 4. These sorts of charges are not normally brought against practitioners. 5. Delay. 6. Insufficient time to prepare. [6] We preface our remarks about each o...