Search Results

1. BORA Identity Information Confirmation Bill [pdf, 314 KB]

   ...unions. In order to use the service, an agency will need to have entered into an agreement with the chief executive of the Department of Internal Affairs or the Registrar General of Births, Deaths and Marriages, or both. The service is designed to protect the privacy of personal information. CONSISTENCY WITH SECTION 19(1) OF THE BILL OF RIGHTS ACT 5. We have considered the potential impact of the Bill on the transgender community. This community encompasses a diverse range of people...

2. Vikashwarjeet v Devi [2014] NZIACDT 6 (30 January 2014) [pdf, 56 KB]

   ...professional representation for clients before the cancellation took effect. [8.7] The adviser had not lodged the application before she lost her licence. The adviser did not inform her clients she was about to lose her licence, or take any other steps to protect their interests, or discharge her professional duties to them. [8.8] On 17 October 2011, someone in the adviser’s former practice lodged an application for the visitor visas. The application did not identify the adviser. It...

3. BORA Energy Safety Review Bill [pdf, 145 KB]

   ...and seizure. There are two limits 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 and Inspection powers 6. Clause 12 of the Bill repeals and amends Parts 9 to 12 of the Electricity Act. The new section 81 of the Ac...

4. LCRO 106/2022 MG v WL (30 June 2023) [pdf, 247 KB]

   ...failed to advise of alternatives to litigation; g) failed to follow instructions; h) was guilty of providing misleading and deceptive conduct directed only to obtaining financial gains; i) acted in breach of r 2.3 of the Conduct and Client Care Rules7 by using legal processes for improper purposes; j) did not proactively warn Ms MG of risks; k) breached other Acts – e.g the Fair Trading Act, Crimes Act; l) failed to communicate clearly; m) was conflicted and did no...

5. BORA Legal Services Amendment Bill [pdf, 286 KB]

   ...are not New Zealand citizens or permanent residents for the purpose of immigration proceedings, whether the applicant is present in New Zealand or not. 8. We note that there is an issue as to whether the BORA applies extra-territorially to provide protection to persons not present in New Zealand. However, it is unnecessary to reach a conclusion on that issue as we consider that even if this limitation on the availability of legal aid were prima facie discriminatory under s 19 of the BORA...

6. [2021] NZREADT 22 - Jenkins v The Real Estate Agents Authority, Roberts & Tai Rakena (14 May 2021) [pdf, 316 KB]

   ...confirming in writing the appellants’ instructions to disclose the pending construction at the slab, and the pending demolition and rebuild of the villa, and by not disclosing these to the purchaser, the licensees had failed to exercise skill, care, competence, and diligence in carrying out real estate agency work (in breach of r 5.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”)), failed to provide information which should in fai...

7. BORA Land Transport (Speed Limits Validation) Bill [pdf, 301 KB]

   ...Bill 3. The purpose of the Bill is to: • remove any doubt about the validity of speed limits set by road controlling authorities (which includes the designation of areas as urban traffic areas in which roads are subject to speed limits); • protect enforcement action taken in relation to speed limits from any doubt concerning the validity of the speed limits; and • provide clear authority for the setting of speed limits by road controlling authorities in the future. 4. Clause...

8. BT v U Ltd [2024] NZDT 574 (30 July 2024) [pdf, 175 KB]

   ...depth of 1.3 metres (photos provided). U Ltd’s own vehicles as well as customer vehicles were written off as a result of the event. 3. While BT’s written submissions address various arguments regarding U Ltd’s alleged breach of duty of care, and he referenced a news report giving details of the weather warning before the event, it is well-known that [City], including [Local Council] and emergency services, was taken by surprise by the speed and severity of the flooding that resu...

9. Henton v REAA, Max House & Barfoot & Thompson Ltd [2013] NZREADT 18 [pdf, 115 KB]

   ...information to the purchasers of the property between the date on which the agreement for sale and purchase went conditional and its settlement date. The information related to proposed fencing work at a neighbouring property to be used as a Childcare Centre to which neighbours had raised objections. [7] An enquiry into the conduct of the salesperson concerned is the subject of separate proceedings before a Complaints Assessment Committee of the Real Estate Agents Authority. No deci...

10. De Malmanche & Ors as Trustees of the Lynette De Malmanche Trust v Auckland Council (successor to the Auckland City Council) [2010] NZWHT Auckland 38 [pdf, 392 KB]

    .................................................................................................17 Control jointing: three vertical control joints missing on east and north and south of garage, and sheet joint cracking on north, east and west elevations .....................................17 Three pergola posts were unprotected at the top ..................................................................20 WHAT IS THE APPROPRIATE REMEDIAL SCOPE? .............................................