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1. BORA Dairy Industry Restructuring Amendment Bill [pdf, 304 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. Entry powers without a warrant 6. New section 29C (Power of entry without search warrant) of the Bill provides that the chief executi...

2. Minhinnick v The Crown - Maioro Lands (1994) 18 Waikato Maniapoto Appellate MB 220 (18 APWM 220) [pdf, 3.8 MB]

   ...were rarely occupied to any great extent in the permanent physical sense for the principal reasons that the occupant could not be defended from attack, and that continued occupation would disturb the birds and other game. As the erection and care of devices for the IE;' " ': ,~·_o 1"1aniavotO APp~lIate Court Minute Bookfollo _ _ :3~E_- - 1 2 SE? 199~ - 14 - catching of fish, birds and rats. however, involved the expenditure of some labour, such labour. c...

3. [2023] NZEnvC 052 Gray v Dunedin City Council [pdf, 2.1 MB]

   ...to oak and cedar trees on the pond margins; d) Pest animal control such as trap networks and bait stations to control pests such as rats, mice, mustelids and rabbits; e) Planting plan, timing of planting, plant composition, planting density, plant care (mulching, plant guards, regular inspection of plants and fencing, replacement of dead plants); f) Fencing of the entire perimeter of the restoration area to exclude stock; g) Pest plant control; and h) Monitoring. 2) All planting re...

4. Real Estate Agents Disciplinary Tribunal Annual Report 2019-20 [pdf, 193 KB]

   ...constitutes an offence for which the licensee has been convicted, and which reflects adversely on the licensee’s fitness to be a licensee. Many of the cases that come before the Tribunal involve complex issues of law and/or fact, which require careful consideration. The Tribunal has built up a considerable body of precedent decisions, which provide guidance to Complaints Assessment Committees, and the industry as a whole. Page | 5 Decisions of the High Court and...

5. LCRO 13/2021 ZW v HN (25 November 2021) [pdf, 250 KB]

   ...circumstances were being investigated. Mr ZW explained that the Legal Services Agency had denied knowledge of this conversation having taken place. It was Mr ZW’s view that in denying knowledge of the conversation, the Agency was endeavouring to protect its own position. [61] Request was made of Mr ZW as to whether he had a record on his file of any communications with Mr HN in which he had either advised Mr HN of the concerns that had been raised or sought clarification from Mr...

6. [2023] NZEnvC 036 Wellington City Council v Liffey Street Limited [pdf, 112 KB]

   ...now posed to the neighbouring properties from the potential for subsidence. 43 I do not have any confidence that ]\fr Vasist will comply with any abatement notice the Council serves. The strong impression we have is that l\fr Vasist does not care about taking the precautions required to ensure the effects of his development are contained to the construction site. Reluctantly, my manager and I have concluded that we need the Court to make an interim enforcement order and hope that...

7. Youth Justice Indicators Counting Rules and Limitations [pdf, 280 KB]

   ...relatively small numbers and changes in the recording of ethnicity over time. 7 YJI 1.6. Proportion of children and young people referred for a FGC who have previously been the subject of a report of concern to Oranga Tamariki relating to their care and protection Counting Rules Section 2(2) of the Children, Young Persons, and their Families Act 1989 states that jurisdiction for proceeding against a child or young person is based on the person’s age when they allegedly...

8. Auckland Standards Committee v Patel [2014] NZLCDT 67 [pdf, 134 KB]

   ...recklessly contravened the provisions of the Lawyers and Conveyancers Act 2006 (“the Act”), the Lawyers and Conveyancers Act (Trust Account) Regulations 2008 (“the Regulations”) and the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (“the Rules”). [2] The hearing of the charge occurred on 1 September 2014. It proceeded by way of formal proof after neither the practitioner nor Mark Flyger, a witness to be called by the practitioner, appeared...

9. NQ v HN [2022] NZDT 38 (6 April 2022) [pdf, 183 KB]

   ...NQ entitled to a full refund of his purchase price? Is HN “in trade” selling working dogs? 4. When a good is sold by a seller who is in trade selling goods of that description, then guarantees may be implied into that agreement for the protection of the consumer. An animal comes within the definition of a good. Section 6 of the Consumer Guarantees Act 1993 provides that goods supplied to a consumer must be of an acceptable quality. Section 7 defines acceptable quality as bei...

10. IEAA - 2015 annual report [pdf, 148 KB]

    ...HEALTH OF THE STUDENT 8. In most years at least one case arises where the problems really stem from the mental state of the student and their inability to cope with living in a 4 different environment. There is little that can be done to protect the providers from this situation but it does, in the cases we have come across, lead to some very contentious situations where the IEAA has had to step in and attempt to resolve. CASES 9. The one case which we will espe...