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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. 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...

5. 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....

6. 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...

7. Crimes Amendment Bill [pdf, 285 KB]

   ...relation to the latest version of the Bill (24514/5.0). We will provide you with further advice if the final version includes amendments that affect the conclusions in this advice. The Bill Immunities relating to arrests 4. The Bill would amend the protections the Act confers on citizens who make arrests in the following ways: 4.1 Everyone is justified in arresting without warrant any person they find committing certain offences during the day.1 The Bill would expand this justificat...

8. Waitangi Tribunal Part 2 Report on stage 1 of the Te Paparahi o Te Raki inquiry [pdf, 4.4 MB]

   ...‘Let these be corrected, and the evils must be diminished.’ 60 The association’s Bill – for ‘the provisional Government of British Settlements in the Islands of New Zealand’ – was tabled on 1 June 1838. It professed the intention of protecting and benefiting Māori by preserving them from injury, ‘diffusing amongst them the blessings of Christianity, and promoting their civilization and happi- ness’. It allowed for the appointment of 16 commissioners who could enter in...

9. [2019] NZEnvC 184 Ngati Whatua Orakei Whai Maia Limited v Auckland Council [pdf, 25 MB]

   ...report of the Waitangi Tribunal we have just discussed. He characterized the relevant conclusions in that report using phrases "primary mana whenua" and "mana whenua status may confer priority of interest ... ".28 [66] We have carefully read the report to see whether he characterized it entirely faithfully. We do not think he has. The report concerned claims by Moriori who had inhabited Rekohu Chatham Islands prior to the Maori invasion of 1835, after which most...

10. [2021] NZEnvC 118 Drach v Tasman District Council [pdf, 2.4 MB]

    ...condition 10) of the consent notice failed to have proper and sufficient regard to the existing environment, the actual and potential effects of allowing the cancellation, and the contribution the consent notice restrictions make towards preserving and protecting amenity values and rural residential character as an important component of the Mapua Estates development as a whole. The consent notice restrictions remain apt and applicable, by reference to the relevant objectives and po...