Search Results

1. [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...

2. 2021-11-17 ORC - Closing Legal Submissions - PC8 - primary sector hearing [pdf, 153 KB]

   ...Irrigation Company Limited; (i) New Zealand Deer Farmers Association; (j) New Zealand Pork Industry Board; (k) Ngāi tahu ki Murihiku; (l) Otago Fish and Game Council and the Central South Island Fish and Game Council; (m) Pomahaka Water Care Group; (n) Ravensdown Limited; (o) Royal Forest and Bird Protection Society of New Zealand Incorporated; and (p) Te Rūnanga o Moeraki, Kāti Huirapa Rūnaka ki Puketeraki, Te Rūnanga o Ōtākou and Hokonui Rūnanga (Kai Tahu ki Otag...

3. Maritime Powers Bill [pdf, 151 KB]

   ...offence has been established. We consider that this ensures that searches are rationally connected and proportionate to law enforcement and are not unreasonable. 24. We consider that in both cases the Bill provides an appropriately higher level of protection of personal privacy in the cases of internal searches and collection of biometric information than is provided for general searches of places, property or documents. 25. We therefore consider that the search powers within the Bill...

4. Gwak and Kim TRI-2020-100-006 Procedural Order 11 [pdf, 196 KB]

   ...being void. [70] The Supreme Court held that Mr Thom suffered measurable economic loss in March 1990 when, as a result of the negligent advice of the lawyer, he entered into a non-complying matrimonial property agreement and married without the protection he would have had from a valid agreement. The cause of action arose against the lawyers at that date, the date when the agreement was entered into, not when the defect was later discovered. [71] The Court said that “Mr Thom...

5. [2025] NZEmpC 105 AZK Ltd v JKL [pdf, 219 KB]

   ...Australia Bank Ltd v Dessau [1988] VR 521. [41] In the present case, the breach of contract claims come within the jurisdiction of the Court. The amounts at stake appear to be substantial, such that the applicant may not be sufficiently protected with a freezing order that covers only the New Zealand assets. There is no reason to believe that the risk of dissipation is any less in respect of the Australian assets. The applicant is able to serve the Australian bank and to...

6. Regulatory Impact Statement Review of aspects of the bail system [pdf, 268 KB]

   ...Defendants aged 17 or over at the time of the offence, or who were under 17 at the time of the offence and turn 18 before the charges are laid, are tried in the adult jurisdiction and bail decisions are made under the Bail Act. Section 15 of the Bail Act protects these young defendants through a strong presumption in favour of bail for defendants aged 17 to 19 inclusive, subject to any conditions the Court sees fit. The Court may only remand a defendant of this age in custody if it is sa...

7. Evaluation of programmes for children under the Domestic Violence Act 1995 [pdf, 3.9 MB]

   ...aggressive or internalised behaviour. Moreover, the link between witnessing and experiencing abuse is known to be strong. The programmes for children established under the Domestic Violence Act are a positive intervention to assist the children who are protected under the Act to deal with the effects of domestic violence. The programmes are based on educational strategies, and operate within the goals and structure of the Domestic Violence (Programmes) Regulations 1996. The Department for C...

8. CAC20003 v Cooper [2013] NZREADT 11 [pdf, 59 KB]

   ...Order that the defendant repay the funds retained to his former principal; and (c) $1,000 costs. 7 [13] The Authority submits that the Act’s provisions relating to trust monies form a central component of its consumer-focussed and protective regime; and this is all the more so given the large sums which can be involved and the difficulty for the client or customer to get redress once the funds have been disbursed. We agree. The Stance of the Defendant [14] In tw...

9. Tuitupou v Tangilanu [2014] NZIACDT 97 (01 October 2014) [pdf, 202 KB]

   ...standards of conduct are maintained in the occupation concerned. [10] When imposing sanctions those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [10.1] Protecting the public: Section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [10.2] Demanding minimum standards of conduct: Dentice v Valuers Registrat...

10. Chung & Anor v Yap [2014] NZIACDT 109 (10 October 2014) [pdf, 193 KB]

    ...standards of conduct are maintained in the occupation concerned. [9] When imposing sanctions those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [9.1] Protecting the public: Section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [9.2] Demanding minimum standards of conduct: Dentice v Valuers Registration...