Search Results

1. [2018] NZEmpC 10 TKR Properties Ltd t/a Top Pub & Route 26 Bar and Grill v MacDonald [pdf, 162 KB]

   ...will be unable to meet an adverse award of costs. That must be taken as contemplating also that an order for substantial security may, in effect, prevent the plaintiff from pursuing the claim. An order having that effect should be made only after careful consideration and in a case in which the claim has little chance of success. Access to the courts for a genuine plaintiff is not lightly to be denied. [16] Of course, the interests of defendants also must be weighed. They must b...

2. BORA Video Camera Surveillance (Temporary Measures) Bill [pdf, 320 KB]

   ...free from unreasonable search and seizure, it is unnecessary to carry out a further analysis under s 5. If a search or seizure is unreasonable it cannot be justified. [4] • The Court of Appeal has said that the “touchstone” of s 21 is the protection of reasonable expectations of privacy: [5] • The main aim of s 21 of the Bill of Rights is to protect privacy interests. It is only where a person's reasonable expectations of privacy have been breached that a personal re...

3. BORA Business Law Reform Bill [pdf, 392 KB]

   ...the provision falls to be justified under section 5 of the Bill of Rights Act. 20. The different treatment of large companies is retained because these companies have a significant effect on the New Zealand economy. The provision is intended to protect New Zealand interests which could be supplanted by the broader interests of the company. This can be considered a significant and important objective. 21. The additional reporting requirements are intended protect New Zealand interests...

4. Napier v Registrar of Real Estate Agents Authority [2017] NZREADT 70 (27 Nov 2017) Ruling on prohibition of publication [pdf, 175 KB]

   ...interest, and the right for proceedings to be reported on. The Tribunal accepts the purposes of the Act as they are set out in s 3 of the Act, and we do not need to repeat them. The Tribunal is very aware that the purpose of the Act is to promote and protect the interests of consumers and to promote public confidence in the real estate agency industry. [4] It is also accepted that one of the functions [of] the Tribunal is, to put it shortly, to hold licensees to account. It is...

5. [2018] NZEnvC 158 Brown v Whangarei District Council [pdf, 3.5 MB]

   ...Rural (Urban Expansion) Environment ("RUEE"). [6] The Rural Area chapter describes the RCE, RVRE and RUEE: "The Rural Countryside Environment provides primarily for; the productive use and development of rural land and resources; the protection of ecological and landscape values; and the significant number of people who live in this Environment due to the existing subdivision and development pattern. Commercial and industrial land use and development is only provided for...

6. Complaints Assessment Committee 410 v Dai [2017] NZREADT 18 [pdf, 104 KB]

   ...carrying out real estate agency work other than for on or behalf of an agent. [b] Second charge: Ms Dai wilfully or recklessly breached ss 126, 127 and 133 of the Act, and r 11.2 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”). [c] Third charge: Ms Dai wilfully or recklessly breached r 6.2 of the Rules. [d] Alternative to the third charge: Ms Dai’s conduct constituted seriously incompetent or seriously negligent real estat...

7. MOJ0501_Childrens-Guide-A5_DEC22_WEB.pdf [pdf, 748 KB]

   ...You’ll probably want to keep seeing both your parents. And your grandparents and cousins, aunts and uncles too. Let your parents know. Tell them how Will I still see everyone? If you don’t feel safe with one of your parents, you can be protected from them. It’s your right to be safe all the time, no matter who’s looking after you. If you’re worried about your safety, tell an adult you trust. You can also call the phone numbers listed at the back of this booklet. you...

8. [2023] NZEmpC 211 ELG v KLE [pdf, 185 KB]

   ...the information alleged to have been wrongfully downloaded and removed, only a brief overview of the facts will be provided at this stage. [4] ELG is a designer, manufacturer and marketer of products for the use in acute and chronic respiratory care, surgery and the treatment of obstructive sleep apnoea. [5] KLE is by profession a software developer and motor control electronics expert. He was employed by ELG from 26 September 2011 until 15 November 2023. That employment was,...

9. Auckland Standards Committee v Lee [2015] NZLCDT 33 [pdf, 36 KB]

   ...the alternative limb of the charge to be proved. This is a contravention of Rule 13.2 which states: “A lawyer must not act in a way that undermines the processes of the court or the dignity of the judiciary.” [31] This provision exists to protect the integrity of the justice system as a whole. It is the protection of the dignity of the judicial office itself, rather than the individual judicial officer which is essential. [32] It is not for lawyers to second-guess Court orde...

10. [2019] NZEnvC 133 Darby Planning Limited Partnership v Queenstown Lakes District Council [pdf, 25 MB]

    ...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...