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1. BORA Births, Deaths, Marriages, and Relationships Registration Amendment Bill [pdf, 316 KB]

   ...and • Establish a new register to record name changes for overseas born people living in New Zealand. ISSUES OF INCONSISTENCY WITH THE BILL OF RIGHTS ACT Section 19: Freedom from Discrimination 5. Section 19(1) of the Bill of Rights Act protects the right to freedom from discrimination on the grounds of discrimination set out in section 21 of the Human Rights Act 1993. These grounds include age and marital status. 6. In our view, taking into account the various domestic and o...

2. GX v TF LCRO 54 / 2011 (9 February 2012) [pdf, 64 KB]

   ...transaction did not go as smoothly as the Applicant may have wished, but I cannot see that this was caused by any wrongdoing on the part of the Practitioner. [20] The Applicant further contended that the Practitioner appeared more concerned about protecting his own risk than the business of the Applicant. This referred to 5 advice given by the Practitioner about appointing an independent trustee, and also steps taken by the Practitioner when the Applicant and his wife separa...

3. Auckland Standards Committee 2 v Aitken [2020] NZLCDT 13 [pdf, 131 KB]

   ...offending or of the practitioner, then, if appropriate, considers relevant authorities before making an assessment about a proportionate response. [17] The Tribunal must, in assessing penalty, be mindful of the purposes of the Act which are the protection of the public and the maintenance of confidence in the provision of legal services. [18] Penalty in professional discipline cases is not imposed for punitive purposes, although it is recognised that there can be punitive outcome...

4. [2022] NZEmpC 26 Tupe v The Board of Trustees of Te Manawa O Tuhoe Trust [pdf, 192 KB]

   ...succeed.4 The Court has a broad discretion to consider whether security for costs should be ordered. In exercising that discretion, regard must be had to the overall justice of the case and the respective interests of both parties need to be carefully weighed up.5 That balancing exercise was summarised by the Court of Appeal in AS McLachlan Ltd v MEL Network Ltd as follows:6 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an...

5. Auckland Standards Committee 4 v Holdaway [2022] NZLCDT 49 (22 December 2022) [pdf, 145 KB]

   ...about the effect of publicity on her reputation. From Standards Committee submissions, she is aware that strike-off is being sought as their prime submission. We have managed the publicity aspects short-term by suppression orders. [24] We have carefully weighed the gravity of the interim order on Ms Holdaway before determining that we were satisfied that it needed to be made to give proper effect to the legislative intent. [25] This decision may not be published so long as the int...

6. L Ltd v B Ltd [2024] NZDT 86 (22 February 2024) [pdf, 139 KB]

   ...the money wrongly. 3. The issues to be determined were as follows: a. Was B Ltd legally entitled to take the money from L Ltd in these circumstances, bearing in mind the terms of the contract between the parties, any allegations of a lack of care by L Ltd, or any harsh or unconscionable contractual terms, or behaviour on B Ltd’s part? b. What if anything is payable by B Ltd? Was B Ltd legally entitled to take the money from L Ltd in these circumstances, bearing in mind the te...

7. Equal Pay Amendment Bill [pdf, 303 KB]

   ...Conclusion 25. 11 12 13 oncluded that the Bill appears to be consistent with the Bill of Rights Act. eral Christian Congregation of Jehovah's Witnesses (Australasia) Limited v Royal Commission of Inquiry into Historical Abuse in State Care and in the care of Faith-based Institutions [2024] NZCA 128 at [57]. Christian Congregation, above n 12, at [57]. Westco Lagan v Attorney-General [2001] 1 NZLR 40....

8. Penalty CAC 10020 v McDonald [2014] NZREADT 29 [pdf, 141 KB]

   ...personal levels; and [f] that looking at those of our other decisions which concern the falsifying of documents, parity would require an order of less than cancellation. [16] Mr Webb also submitted that the purpose of disciplinary sanctions is protective rather than punitive and that, for this reason, the Courts have adopted the least restrictive outcome principle to ensure that the least punitive order is made which is consistent with protection of the public. Mr Webb noted that in D...

9. [2020] NZIACDT 43 - KX v Ji (5 October 2020) [pdf, 229 KB]

   ...continue applying and if she left, it would not be easy to come back. [34] They exchanged messages through May 2019. On 14 May, the complainant asked Mr Ji to let her know if he had time to help her. While it did not matter to him and he did not care, she had her youth, contribution, time, hope and family’s expectation. She had waited for two years. Mr Ji eventually responded, telling her on 15 May that he was writing a framework for her support letters. The complainant presu...

10. [2022] NZEnvC 037 Bagnall v Tasman District Council [pdf, 20 MB]

    ...Decision No. [2022] NZEnvC 37 IN THE MATTER of the Resource Management Act 1991 AND an appeal under section 120 of the Act BETWEEN JAMES and PHILLIPA BAGNALL (ENV-2021-CHC-83) Appellants AND TASMAN DISTRICT COUNCIL Respondent AND INTEGRITY CARE GROUP LIMITED Applicant Environment Judge J J M Hassan – sitting alone under s279 of the Act In Chambers at Christchurch Date of Consent Order: 21 March 2022 _______________________________________________________________...