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Recommendations Recap A summary of coronial recommendations and comments made between 1 July and 30 September 2024 Office of the Chief Coroner | 2024 (3) i Coroners’ recommendations and comments Coroners perform essential functions within our society. They inquire into a range of unexpected deaths to establish the identity of the person who has died and the cause and circumstances of their death. While inquiring into a death
...and Sycamore, are of the view that there are provisions in the 2GP and in the proposed RPS which may frustrate the 35 Section 31 provides more particularised direction to territorial authorities that it is the effects of the use, development, or protection of land and associated natural and physical resources. 36 Southland Fish & Game New Zealand v Southland District Council & Ors at [23]. 3? Environmental Defence Society Incorporated v New Zealand King Salmon Company Limited [2...
...Monday afternoon who told him there should not be a problem in getting a new title, which was simply an updating of the old title. Their lawyer then told him and his wife that they could cancel the contract in terms of clauses inserted for their protection by the Licensee. Because the appellant and his wife liked the house, were first home buyers, very much needed the accommodation, and had spent money on a builders report, they decided to continue and defer settlement until the title w...
...client relationship has been recognised in a number of cases, most recently Heslop v Cousins [2007] 3 NZLR 679 (where $50 000 was awarded to each client). Given the purposes of the Lawyers and Conveyancers Act (which in s 3(1)(b) includes the protection of consumers of legal services) it is appropriate to award compensation for anxiety and distress where it can be shown to have occurred. Such an order will be particularly appropriate where the client is not a sophisticated person a...
...Accordingly, the question is whether the limitations are justified under s 5 BORA as "reasonable limits ... [that] can be demonstrably justified in a free and democratic society". 2.3 While it can be argued that the Bill does not sufficiently protect "legitimate dissent" by members in relation to the parties and so is BORA inconsistent, the better view, based on the Supreme Court's decision in Awatere Huata v Prebble [2005] 1 NZLR 289, is that the Bill is BORA con...
...“inevitably, although not always, may lead to striking off”. In the present case, the form of “dishonesty” is being a party to a criminal breach of the Act, involving advising a client to deceive Immigration New Zealand. It is important to look carefully at whether rehabilitation is realistic. I have done so. [41] I am satisfied that if there is any prospect of rehabilitation it can only be after Mr Gimranov invests in gaining the knowledge to provide services at a standard much h...
...reports saying the effects of the turbine on our landscape will be less than significant and will introduce a “new feature of interest” to it, 4 when the same people have argued, in the past, that nearby landscape features need to be protected from development. 15. In a resource consent application by Blueskin Projects, Mr More argued against houses being built on Potato Point because of the sensitivity of the site and the quality of the local landscape, (Proposed Potato P...
...Act 1991, the Marlborough District Council 's application to change the interim enforcement orders made in decision [2017] NZEnvC 214 is refused. B: Under sections 319 and 321 of the Resource Management Act 1991, the Royal Forest and Bird Protection Society Incorporated's application to change the interim enforcement orders made in decision [2017] NZEnvC 214 is granted, to the extent that Orders [A] 3 and 4 of that decision are deleted and the following orders in respect...
...filed on average a week during Alert Level 3 compared to Alert Level 4. However, the difference is slight with only 10 charges fewer a week (-3%). Offences against justice (which includes offences for breaching community sentences, breach of protection order and people on bail not attending scheduled court appearances) had the largest increase in the average number of charges filed per week (+123 charges; +31%). Much of the increase was related to: • failure to answer bail (...
...of the last six words of 3.1A.2, ie " ... and no hierarchy exists between them". ORC also recommends the addition of a provision to the effect that so-termed "enabling" sos are to be achieved "while also achieving" protective SOs;48 (e) QLDC supported the substance of the preliminary observations in the Conferencing Minute.49 It agreed that SOs and SPs are to be applied "in tandem" with other chapter objectives and policies, but "on a bas...