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1. BORA Consumer Law Reform Bill [pdf, 341 KB]

   ...21 (freedom from unreasonable search and seizure) and s 25(c) (right to be presumed innocent) of that Act. PURPOSE 3. The Bill seeks to revise and update consumer law so that it is principles-based, enables consumers to transact with confidence, protects reputable suppliers and consumers from inappropriate market conduct, is easily accessible to those who are affected by it, and achieves harmonisation with the Australian Consumer Law. 4. To this end, the Bill is an omnibus bill that a...

2. Regulatory Impact Statement: Legal Aid Eligibility [pdf, 82 KB]

   ...Where an applicant has five or more dependents $6,689 is added to the income threshold for each additional child. 4 For example, the applicant may have a disability, illness or injury which makes additional demands on their financial resources, or a protection order applicant may be unable to access resources controlled by their partner. 4 7. Cabinet acknowledged that over time this would reduce the real value of the eligibility thresholds, as they would remain static while wages...

3. Carter v Tulip Holdings Ltd [pdf, 180 KB]

   ...19 LIABILITY FOR LOSS CAUSED BY THE CLAIMANTS’ DWELLING BEING A LEAKY BUILDING 23 The liability of the First respondent, THL, in contract 23 The liability of the Fifth respondent, Brown Day, in tort 27 • The standard of care 28 • Evidence of the standard 29 • The standard of plans and specifications generally 30 CLAIM NO.00692 – CARTER DETERMINATION.doc 3 • The standard of the plans and specifications of Brown Day 37 �...

4. Waitangi Tribunal - Part 2 The alienation of Māori land in Rohe Potae [pdf, 5.9 MB]

   ...representative of interests purchased, but in practical tenns the land was often not properly surveyed or partitioned and titles were confused. The Crown may have been reasonably confident that the Native Land Court would ensure its interests were protected when it came to partitions, but meanwhile the proce~s of preparing and offering the land for European settlement remained on hold. Maori continued to occupy many technically alienated areas, uncertain of what the Crown had bought t...

5. 2023-07-28-WCO-Final-Report-Recommendation.pdf [pdf, 5 MB]

   ...and those outstanding values are at significant risk from human-induced pollution (particularly increasing levels of NO3-N); and an effective and robust WCO is needed to preserve the Springs’ natural state as far as possible and sustain and protect the outstanding values of the Springs and Wharepapa Arthur Marble Aquifer. The WCO needs to also extend to the contributing groundwaters and surface waters as are identified in the recommended WCO in Annexure 1. Statutory framew...

6. [2023] NZEnvC 157 Ngati Tama ki te Waipounamu Trust [pdf, 5 MB]

   ...and those outstanding values are at significant risk from human-induced pollution (particularly increasing levels of NO3-N); and an effective and robust WCO is needed to preserve the Springs’ natural state as far as possible and sustain and protect the outstanding values of the Springs and Wharepapa Arthur Marble Aquifer. The WCO needs to also extend to the contributing groundwaters and surface waters as are identified in the recommended WCO in Annexure 1. Statutory framew...

7. CAC 20006 v Spencer [2013] NZREADT 55 [pdf, 47 KB]

   ...considered the defendant's unsatisfactory conduct was "rather at the lower end of the scale". Relevant Law [4] It is settled law that decisions of disciplinary tribunals should emphasise the maintenance of high standards and the protection of the public through specific and general deterrence. However, while this may result in orders having a punitive effect, this is not their purpose; refer Z v CAC [2009] 1 NZLR 1; CAC v Walker [2011] NZREADT 4. [5] The unsatisfactor...

8. BORA Psychoactive Substances Bill [pdf, 334 KB]

   ...rather restricted. And the regulation-making powers must be exercised consistently with the free expression right (and will be ultra vires if they unjustifiably limit it). The limits are rationally connected to an important objective, which is the protection of public health in the context of products which may pose some (albeit low) risk of harm. In our view, the proposals reflect a reasonable and proportionate response to a complex social problem.[43] Yours sincerely Crown Law...

9. CE v FG LCRO 346/2013 (27 August 2015) [pdf, 55 KB]

   ...which were executed by the parties before the PPPR Amendment Act’s commencement date. Section 94A(1) of the PPPR Act specifically provides: “This section applies only to a power of attorney executed after the commencement of section 7 of the Protection of Personal and property Rights Amendment Act.”5 (2) Having had regard to the material before it, the Committee considers that Mr FG attended the family meeting on 12 July 2013 in his capacity as the complainants’ solicitor. Alt...

10. Gupta v Dhar [2017] NZIACDT 11 (4 August 2017) [pdf, 231 KB]

    ...ensure that appropriate standards of conduct are maintained in the occupation concerned. [24] The statutory purpose is achieved by considering at least four factors which materially bear upon maintaining appropriate standards of conduct: [24.1] Protecting the public: section 3 of the Act states “[t]he purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [24.2] Demanding minimum standards of conduct: Dentice v Valuers Re...