Search Results

1. [2025] NZIACDT 14 - INZ v Ma (19 February 2025) [pdf, 248 KB]

   ...it, uphold it but take no further action or uphold it and impose one or more sanctions.4 [23] The sanctions that may be imposed by the Tribunal are set out in the Act.5 The focus of professional disciplinary proceedings is not punishment but the protection of the public.6 [24] It is the civil standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ...

2. [2025] NZLVT 007 - Burney v Christchurch City Council (13 March 2025) [pdf, 287 KB]

   ...private ownership as at 12 October 2015, e.g. home occupations, bed and breakfasts; and (d) non-residential activities, other than those existing, are not provided for other than by way of discretionary activity consent, e.g. pre- schools, health care and daycare facilities. … [43] As we noted earlier, the rules grant rights similar to the existing zoning, and the constraints on those rights cannot be considered unfair and unreasonable when viewed against the wider context and...

3. LCRO 131/2024 RD v PS (28 January 2025) [pdf, 179 KB]

   ...although this was possible; (f) as I expressed it: If there was evidence before the Committee that [Law Firm 1] did act in some way for BD and MD in connection with the property transactions, or in relation to their living arrangements or personal care, while also acting for WD and/or the family trust in relation to the same matter, there may have been a risk of [Law Firm 1] not being able to discharge the obligations owed to two or more clients. [9] In the first LCRO decision, I als...

4. LCDT Annual Report 2024 [pdf, 477 KB]

   ...Disciplinary Tribunal”. The purposes of the Act are set out in s 3 as follows: “3 Purposes (1) The purposes of this Act are— (a) to maintain public confidence in the provision of legal services and conveyancing services: (b) to protect the consumers of legal services and conveyancing services: (c) to recognise the status of the legal profession and to establish the new profession of conveyancing practitioner. (2) To achieve those purposes, this Act, among other...

5. Idea Services v Attorney-General (Interim Order Application) [2013] NZHRRT 24 [pdf, 148 KB]

   ...appeal prior to the hearing of the reference. However, the difficulty may be more imagined than real. If on appeal a finding by the Tribunal that the defendant has committed a breach of Part 1A or Part 2 is overturned, that finding would not be protected by the statutory bar in s 92T(4). Whether power to make an interim order under s 95 affected by reference [28] It was submitted by the Ministry that the Tribunal having made a reference to the High Court under both limbs of s 92R (rem...

6. 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...

7. 2021-07-05 Fish and Game - Closing Submissions [pdf, 342 KB]

   ...articulating TMoTW, any plan making process cannot properly give effect to the NPS-FM5. 10 It also became clear that aspects of the Objective while maybe initially having simple meanings on their face, are really not so simple, and will require very careful evaluation in Otago. (a) For example, for limb (a) and the prioritisation of the well-being of water bodies and ecosystems – a lot of focus, including admittedly Fish and Game's, has been on the second limb of (a), n...

8. [2018] NZEnvC 155 Tasman District Council v G Baigent [pdf, 1.1 MB]

   ...planted in the wetlands and a description of how the areas marked in the wetland database will be returned to wetland; (iv) in addition, the restoration plan prepared by the ecologist is to provide a description of ongoing measures required to protect the wetland, such as monitoring, fencing, weed and/or pest control measures to address to ensure that both wetlands are sufficiently re-established to enable their survival without any further intervention; (v) the restoration plan i...

9. 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...

10. Electoral (Registration of Sentenced Prisoners Amendment Bill [pdf, 3.3 MB]

    ...expressed by the majority of the Supreme Court of Canada in Sail# 1) Canada (Chief Eleclowl Ofcei), but are not persuaded that its approach need be followed. Context is important. The Saln)e majority relied on the fact the right to vote was subject to protection from unjustifiable parliamentary limitation.' Any limitation on die right therefore required a special standard of justification, beyond that required for some other Charter rights and freedoms.10 No such special protection...