Search Results

1. Complaints Assessment Committee 302 v Crockett [2017] NZREADT 19 [pdf, 155 KB]

   ...and ordered to undertake training.11 [14] Ms Earl acknowledged that Mrs Crockett’s conduct was not as serious as that in the cases of misconduct. However, she submitted that the penalty must meet the purposes of maintaining high standards and protecting the public. She submitted that non-disclosure of the potential risk of weathertightness issues could have significant financial implications for purchasers. Ms Earl submitted that Mrs Crockett’s negligence must be seen as at...

2. [2021] NZREADT 39 - Lee (29 July 2021) [pdf, 243 KB]

   ...Act. 3 Section 3(2). [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 penalt...

3. Twigley v New Zealand Law Society [2025] NZLCDT 5 (28 January 2025) [pdf, 98 KB]

   ...profession. (c) The evaluation of whether an applicant meets the standard is a forward looking exercise. The Court must assess at the time of the application the risk of future misconduct or of harm to the profession. The evaluation is accordingly a protective one. Punishment for past conduct has no place. (d) The concept of a fit and proper person in s 55 involves consideration of whether the applicant is honest, trustworthy and a person of integrity. (e) When assessing past convi...

4. Holden & Anor as Trustees of the Estate of Bruce Morris v Hanns [2010] NZWHT Wellington 23 [pdf, 432 KB]

   ...responsible are the builder, cladding installer, supervisor and Council. All experts agree that this inhibits drainage from behind the cladding and aggregates damage. Item 1.3 balustrade: there is a flat top to the balustrade and there are unprotected junctions. These are on the upper balconies at the junctions to the main walls. These are a breach of the specific design, the manufacturer‟s details and E2. Those responsible are the designer, builder, cladding installer, s...

5. LCRO 62/2021 NR v JM (16 June 2022) [pdf, 198 KB]

   ...kept other ‘files’. The use of the word ‘files’ indicates that the shed was not necessarily ‘safe’ storage. It was not safe from the act of God that Mr NR refers to. [31] Many law firms keep such important documents in a strong room protected from all possible interference. [32] Overall, I consider the censure by the Committee was warranted. The grant of Probate [33] Mrs JM is correct when she says that her understanding is that the coroner’s inquest has no b...

6. 2023-10-11-Rebuttal-Evidence-of-L-Dalzell.pdf [pdf, 241 KB]

   ...management across the region and normally, such as the case of the neighbouring Peka Peka to Ōtaki pest plant management is only undertaken for a finite period of about five years. BF\64279718\1 Page 11 38. In my experience the best form of protections for the planted areas are the legal property protections which the project team are already proposing or through protections provided by other organisations such as the Department of Conservation or Queen Elizabeth II Trust....

7. National Standards Committee 2 v Tingey [2023] NZLCDT 43 (10 October 2023) [pdf, 169 KB]

   ...that the purpose of the legislation is to protect the public, and to uphold professional standards so as to maintain the confidence of the public in the provision of legal services. There is no question that there is any need for direct public protection, given that Mr Tingey is regarded as highly competent, indeed a leader in his field. But that protection incorporates the public confidence element to which we have referred above. [30] We also refer to s 244(2)(c) of the LCA, whi...

8. 31 May- 4 June- MD- Water Conservation Order [pdf, 1.6 MB]

   BEFORE THE ENVIRONMENT COURT AT NAPIER ENV-2019-AKL-000270 ENV-2019-AKL-000272 ENV-2019-AKL-000273 ENV-2019-AKL-000274 ENV-2019-AKL-000277 ENV-2019-AKL-000278 ENV-2019-AKL-000309 IN THE MATTER of the Resource Management Act 1991 of submissions under section 209 of the Act BETWEEN NGA KAITIAKI O TE AWA A NGARURORO HAWKE’S BAY REGIONAL COUNCIL EAST TAUPO LANDS TRUST OWHAOKO B & D LANDS TRUST WHITEWATER NEW ZEALAND INCORPORATED ROYAL FOREST AND BI

9. Doria v Diamond Laser Medispa Taupo Limited & Ors [2025] NZHRRT 12 [pdf, 335 KB]

   ...Doria’s claim. 13 Diamond Laser Medispa Taupo Ltd v Human Rights Review Tribunal [2019] NZHC 2809 at [38]. 9 protection from discrimination from employees who are nauseous during pregnancy, we find that an employee must have access to the protections in s 22 where they are ordinarily qualified for the work they are already undertaking. [37] This view of s 22 is not inconsistent with Canterbury Frozen Meat which was based on consideration by an employer of an employee r...

10. [2018] NZEnvC 006 The Wellington Co. Ltd v Save Erskine College Trust [pdf, 23 MB]

    ...timetable for further steps, and draft conditions of consent, to be lodged within 15 working days. C: Costs reserved. REASONS Introduction [1] This is an appeal under s195 RMA against various iterations of s193 decision-making by a Heritage Protection Authority approved by the Minister under s 188 RMA " the Respondent the Save Erskine College Trust ("SECr), initially refusing consent to demolish or remove heritage items, and subsequently a more limited refusal. [2] T...