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1. 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...

2. 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:...

3. 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...

4. 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...

5. 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...

6. 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...

7. The Trustees of Lake Horowhenua Trust - Horowhenua Block 11 (2012) 285 Aotea MB 135 (285 AOT 135) [pdf, 162 KB]

   ...6 Wall v The Maori Land Court - Tauhara Middle 15 Trust and Tauhara Middle 4A2A Trust (2010) 2010 Maori Appellate Court MB 55 (2010 APPEAL 55) at [33] 285 Aotea MB 139 meeting, or who have work, child care or other care giver responsibilities are entitled to have their views considered in the appointment process. Whether it is called a postal ballot or something else is irrelevant. The short point is that, in taking into account the princip...

8. [2014] NZEmpC 211 Pyne Gould Corp Ltd v West [pdf, 94 KB]

   ...conveniently summarised by Judge Inglis in Liu v South Pacific Timber (1990) Ltd: 2 [10] In exercising its broad discretion the Court must have regard to the overall justice of the case, and the respective interests of both parties are to be carefully weighed. The balancing exercise was summarised by the Court of Appeal in A S McLachlan Ltd v MEL Network Ltd as follows: The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse awa...

9. Mao v Howitt [pdf, 60 KB]

   ...E2.3.3 Walls, floors and structural elements in contact with the ground shall not absorb or transmit moisture in quantities that could cause undue dampness or damage to building elements. E2.3.4 Building elements susceptible to damage shall be protected from the adverse effects of moisture entering the space below suspended floors. E2.3.5 Concealed spaces and cavities in buildings shall be constructed in a way that prevents external moisture being transferred and causing condensa...

10. LCRO 14/2021 PR and [Law Firm A] v [Area] Standards Committee [X] (30 August 2021) [pdf, 143 KB]

    ...accepted that he had paid Mr KJ a referral fee and that in doing so, he had breached r 5.9. Concession was also made by Mr PR to having breached reg 6 of the Trust Account regulations. 1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). 3 [11] Mr PR denied that he had permitted Mr KJ to use his firms trust account. [12] The Standards Committee delivered its decision on 16 December 2020. [13] The Committee concluded that there was insuf...