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1. CAC 10054 v Hume [2013] NZREADT 91 [pdf, 252 KB]

   ...2012 the defendant had been convicted on a charge of threatening to injure (since confirmed on appeal) and the conviction related to the events of 27 July 2011 described by Ms Q before us and covered above. [26] All the prosecution witnesses were carefully cross-examined by the defendant. Further Evidence for the Prosecution [27] Then, by consent, there were other various briefs for the prosecution which generally came from persons who had dealt with the defendant as a real estate...

2. IJ v KL LCRO 190/2016 [pdf, 219 KB]

   ...KL’s employer, after the mediation, for $9,200 and which was paid directly to the firm by the employer. [37] The Committee began its consideration of this issue by setting out the provisions of s 110 of the Act, noting the importance of consumer protection and how that is enhanced by the importance of lawyers holding client funds in a trust account. [38] The Committee noted that Mr IJ does not operate a trust account. It saw the issue as being whether Mr IJ had received all or pa...

3. LCRO 75/2016 XN and WN v VO (25 February 2019) [pdf, 242 KB]

   ...[34] Mr and Mrs N say they “are not seeking anything other than a finding that Mr VO acted deceptively” in respect of which they say there is “ample information”. [35] They say it should have been “obvious” to the Committee from “a careful examination” of their complaint that by communicating with them on his letterhead Mr VO reinforced his demands of them. Response [36] In his response filed in this Office on 6 May 2016, Mr VO asks that the Committee’s decision...

4. [2023] NZEnvC 055 New Zealand Transport Agency v Waikato Regional Council [pdf, 472 KB]

   ...adverse effects listed in this section.49 We accept this. Notices of Requirement - Having “particular regard to” considerations [61] The phrase “having particular regard to” in relation to relevant considerations under s 171(1) has been carefully analysed by the High Court as follows (footnotes omitted):50 [64] Plainly the phrase “shall have particular regard to” conveys a stronger direction than merely “to have regard to”. Section 7 (which includes the phrase) is...

5. BC v YT LCRO 215 / 2010 (1 April 2011) [pdf, 83 KB]

   ...Rules provide that all practitioners have a mandatory obligation to report misconduct of other practitioners, and a discretionary duty to report unsatisfactory conduct. [32] Rule 2.8 provides as follows:- Subject to the obligations on a lawyer to protect privileged communications, a lawyer who has reasonable grounds to suspect that another lawyer has been guilty of misconduct must make a confidential report to the Law Society at the earliest opportunity. Rule 2.9 provides: Subjec...

6. BORA Non-Bank Deposit Takers Bill [pdf, 362 KB]

   ...correspondence or otherwise. There are two limbs to the s 21 right. First, s 21 is applicable only in respect of those activities that constitute a "search or seizure". Second, where certain actions do constitute a search or seizure, s 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. The Bill contains several clauses relevant to “a search or seizure”: • cls 46 and 47 allow the Bank to require informatio...

7. BORA Judicature Modernisation Bill [pdf, 321 KB]

   ...discrimination on the basis of age, contrary to s 19 NZBORA. 32.Setting a mandatory limit, however, also has an important purpose: namely the preservation of judicial independence. The importance of this purpose is affirmed by s 25(a) NZBORA, which protects the right to trial by an independent and impartial court, and s 27 rights to natural justice. 33.A mandatory retirement age may be rationally connected to achieving those purposes, as it forms part of a wider range of statut...

8. Cutaran-Tanggaan v Earnshaw [2012] NZIACDT 61 (28 September 2012) [pdf, 81 KB]

   ...lacked capacity, was incompetent, dishonest, and misleading. Each of these is a basis for upholding a complaint under section 44 of the Act. [18] In addition, her counsel submitted there were breaches of statutory obligations under other consumer protection legislation. The response [19] Ms Earnshaw responded to the complaint by letter dated 10 December 2010 addressed to the Authority. The letter stated: [19.1] Ms Cutaran-Tanggaan had been referred by an agent, and her agreemen...

9. Stanimirovic v Levarko [2018] NZIACDT 8 (22 March 2018) [pdf, 119 KB]

   ...involves being a party to unlicensed persons providing immigration services, which is a criminal offence. The Tribunal found the circumstances were egregious as: [2.1] there was no attempt whatsoever to ensure that Mr Stanimirovic received the protections afforded by the Immigration Advisers Licensing Act 2007 (the Act), and the Licensed Immigration Advisers Code of Conduct 2014 (the 2014 Code) (even when Mr Levarko was on notice Mr Stanimirovic was a victim of unlicensed persons...

10. [2018] NZEnvC 117 Sabatier Family Trust v Auckland Council [pdf, 460 KB]

    ...Sabatier in its reply to costs, dated 6 July 2018, at [30). ~ 5 Sabatier, reply to costs, dated 6 July at [7]. ,J W ~. , ,'Ii ~t), ~ j/ .~~ vi' ) ---. .. -"~.-, .~<:: ... / (()/lflT 01; . / 4 [10} Sabatier cites Titirangi Protection Group Inc & Ors v Watercare Services Ltd [2018} NZHC 1026 in support of a proposition that it is unjust to award costs where there has been a denial of a right to participate under the Act, when its participation would other...