Search Results

1. [2022] NZIACDT 21 - CT v Nandan (18 August 2022) [pdf, 215 KB]

   ...in the Tribunal alleging breaches by Ms Nandan of the Code: (1) Failing to inform the complainant of her change in licence status from an immigration adviser to a lawyer, in breach of the obligation to be diligent and conduct herself with due care in cl 1. (2) Failing to provide an invoice to the complainant for his payment of $2,000, in breach of cl 22. (3) Failing to provide a refund to the complainant, in breach of cl 24(c). (4) Failing to advise the complainant of the termin...

2. WA & WB v North Islands Standards Committee LCRO 127 / 2012 (5 June 2013) [pdf, 96 KB]

   ...clients of [VXZ]. 14. The Committee noted there was nothing to suggest dishonesty on the part of the practitioners however there had been serious breaches of the legal requirements for the operation of lawyers’ trust accounts, which exist for the protection of clients and for the maintenance of public confidence in the legal profession. [11] It then made the following orders: In relation to Mr [WA] the Committee makes the following orders: a. That Mr [WA] be censured pursuant...

3. BORA Misuse of Drugs Amendment Bill [pdf, 171 KB]

   ...interest of the intrusion on the particular right protected by the Bill of Rights Act; (3) the limits sought to be placed on the application of the [Bill of Rights] Act provision in the particular case; and (4) the effectiveness of the intrusion in protecting the interests put forward to justify those limits." In our view this passage strikes the right note by capturing the nuanced and flexible standards that s 5 will ultimately require. 13. In essence, the inquiry is two-fold:...

4. Pepere - Tikitiki A23 (2001) 61 Ruatōria MB 150 (61 RUA 150) [pdf, 688 KB]

   ...further proceedings for rates accrued since the last action, and that although they would Seal Judgment they did not intend taking the matter any further while the existing Attachment Order of $50.00/week is operating. The GDC noted its intention to protect its ability to proceed with a sale of the property should the Attachment Order fall over. On 6 March 2001, the matter came before me for the last time before I reserved my decision. (See 60 Ruatoria MB 44-54) At that hearing counsel f...

5. CAC 413 v Marr [2019] NZREADT 28 - Penalty (1 July 2019) [pdf, 201 KB]

   ...being provided by a funder, Mr Parkin. On Ms Marr’s and Mr Parkin’s instructions, Ms Guttenbeil inserted, signed, and initialled a nomination provision in favour of Mr Parkin into the auction sale agreement. Mr Parkin insisted on this as a protection in the event that Ms Marr could not obtain finance to complete the purchase. [4] Ms Marr intended that the property would be owned by two of her children. She arranged for two Agency-branded agreements for sale and purchase to be...

6. 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...

7. Final-Technical-Assessment-F-Hydrology-and-Flooding-updated-23-Dec-2022_Part2.pdf [pdf, 20 MB]

   ...to produce large changes in peak water level because of the applied changes in topography (i.e., earthworks) and can therefore be ignored. These are not discussed unless there are consequential effects such as high velocities requiring scour protection, or effects extend outside of the proposed designations. 121. Changes in velocity are assessed on a site-by-site basis, including by comparison with baseline velocity in upstream and downstream reaches. 122. Changes in maximum wa...

8. Auckland Standards Committee v Garrett [2011] NZLCDT 29 [pdf, 87 KB]

   ...interest (which include “protection of the public”), to maintain professional standards, to impose sanctions on a practitioner for breach of his/her duties, and to provide scope for rehabilitation in appropriate cases. Tribunals are required to carefully consider alternatives to striking off a practitioner. If the purposes of imposing disciplinary sanctions can be achieved short of striking off then it is the lesser alternative that should be adopted as the proportionate respo...

9. [2013] NZEmpC 214 South Pacific Ltd v Tian [pdf, 75 KB]

   ...Ltd [2011] NZEmpC 139. 3 Regulation 6(2)(a)(ii). 4 EMC Auckland AC15/07, 27 March 2007. overall interests of justice, having regard to the particular circumstances of the case before it. The interests of both parties must be weighed carefully. [7] As the Court of Appeal observed in A S McLachlan Ltd v MEL Network Ltd: 5 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award of costs. That must be taken a...

10. MS v HF LCRO 183/2013 (30 October 2014) [pdf, 42 KB]

    ...cost principle is that the successful party is entitled to costs. It would be unlikely that the Court would award excessive costs in circumstances where it considered that the successful parties counsel had caused unnecessary delay. [37] Having carefully considered all the material on both the New Zealand Law Society and Legal Complaints Review Office files, and the relevant Rules of Conduct, I find no breach of the Rules and therefore endorse the conclusion of the Standards Comm...