Search Results

1. Shihaku v Mizoguchi [2019] NZIACDT 24 (24 April 2019) [pdf, 169 KB]

   ...complaint and any appropriate sanctions cannot be ousted by agreement between the parties, the Tribunal accepts that the position agreed between the Registrar and Mr Mizoguchi is appropriate. The Registrar’s views as to how the public can best be protected carries considerable weight in the Tribunal. Furthermore, Mr Mizoguchi remains subject to supervision. It is readily apparent that he has gone to considerable lengths to undertake training and to change his systems and practi...

2. Water Services Bill [pdf, 214 KB]

   ...and the penalty levels. 23. Strict liability offences are more easily justifiable where they are in the category of ‘public welfare regulatory offences’. In the context of regulated activities, people are expected to meet certain standards of care. The strict liability offences in the Bill arise in the context of ensuring the safety of drinking water. The regulation of a safe water supply is in the public interest, and failure to follow legislative requirements undermines the core pur...

3. Waikato Bay of Plenty Standards Committee 2 v Leach [2024] NZLCDT 27 (30 August 2024) [pdf, 168 KB]

   ...behaviour in this regard must be every lawyer’s unchanging practice. A barrister handling client funds directly needs to be even more cautious. Should you seek to re-enter the profession, the Tribunal has directed that you comply with further protective and educational orders, to protect against a repetition of the events which led you to this point. This Censure remains a permanent part of your record as a lawyer.

4. Auckland Standards Committee 2 v Ms M [2025] NZLCDT 31 (18 June 2025) [pdf, 119 KB]

   ...[22] Ms M described how she had lived for more than seven years: …under conditions of extreme psychological pressure, and the constant and credible fear of danger from my ex-husband. I lived through court hearings, police interventions, breached protection orders, and constant sleepless nights. There were many nights when I barricaded my children (then only 5 and 7 years old) and myself inside a bedroom, pushing furniture against the door, hearing him outside, praying we would be saf...

5. [2017] NZEnvC 053 Federated Farmers of New Zealand v Mackenzie District Council [pdf, 17 MB]

   ...PC13(pc). Te RDnanga 0 Ngai Tahu [21] Te ROnanga 0 Ngai Tahu ("TRoNT") and Arowhenua Runaka lodged a notice expressing concern that their roles and values in relation to Te Manahuna (the Mackenzie Basin28 ) under the RMA are not adequately protected by PC13(pc). It is important (for jurisdictional reasons) that TRoNT lodged a submission on the original PC13 as notified. Environmental Defence Society Inc and Mackenzie Guardians [22] These two societies lodged submission...

6. Wallis & Anor as Trustees of The Seaview Trust v Wet-Seal NZ Ltd [pdf, 117 KB]

   ...dwelling. 43. The agreement for sale and purchase was not provided in evidence and no information was supplied as to representations or special clauses. 44. Whatever duty Mr. Searle had in contract, he had a duty in tort to exercise reasonable care to achieve a sound building. In the words of Baragwanath J in Dicks (supra) [32] the duty was owed as developer (Mt Albert Borough Council v Johnson [1979] 2 NZLR 234), and as builder (Bowen v Paramount Builders (Hamilton) Limited [1977] 2 N...

7. VS v CN 51/2016 LCRO [pdf, 151 KB]

   ...business to Mr VS, who would be acting as general manager.5 [6] After some discussion regarding the purchasing entity, whether it should be a company or a limited partnership,6 Mr CN sent terms of engagement dated 19 October 2015 through to Mr DL, care of Mr VS (the letter of engagement). The letter of engagement described the services Mr CN and his team would provide as “to act on your behalf in relation to the purchase and lease of QL Hotel”, and said that the instruction...

8. Family Court Rewrite Submission - Court Staff Member (2) [pdf, 182 KB]

   ...that this takes place every three years. Agreed PTS be kept as a free service. Agreed. 3 Out-of-court processes Introduction of Family Dispute Resolution (FDR) FDR should be available at the most appropriate time for parents, caregivers and their whänau, whether or not an application to court has been made. Agreed. Where an application to court has been made but FDR not undertaken, the matter be referred to FDR, unless good reasons are given not to (rebuttab...

9. [2018] NZEnvC 023 Royal Forest Bird Protection Society of NZ Inc v Northland Regional Council [pdf, 4.2 MB]

   ...application under- section 76 of the Biosecurity Act 1993 in relation to the proposed Northland Regional Pest and Marine Pathway Management Plan of a Notice of Motion under section 291 of the Resource Management Act 1991 ROYAL FOREST & BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-20 17 -AKL-140) Appellant NORTHLAND REGIONAL COUNCIL Respondent Court: Environment Judge JA Smith Environment Commissioner SK Prime Environment Commissioner RM Dunlop Hearing: Au...

10. Director of Proceedings v Health New Zealand [2024] NZHRRT 52 [pdf, 403 KB]

    ...defendant has breached the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 (“the Code”) in respect of Right 4(1) by failing to provide services to the aggrieved person with reasonable care and skill; and Right 4(4) by failing to provide services in a manner that minimised potential harm to, and optimised the quality of life of, the aggrieved person. [3] Having considered the agreed summary of facts the Tribunal is satis...