Search Results

1. [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...

2. LCRO 48/2019 VW v EX and TY (3 May 2021) [pdf, 324 KB]

   ...occurs, the fee estimate is requested at that time, the estimate can accompany that information. An estimate can also be provided when requested in respect of particular attendances, as occurred in this Review.57 [130] Consistent with the consumer protection purposes of the Act, lawyers must take care in providing estimates.58 [131] As noted above, r 9.4 also requires that lawyers must inform the client “promptly” if it becomes apparent to the lawyer that the estimate is likely...

3. 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...

4. 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...

5. 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...

6. 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...

7. 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...

8. [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...

9. 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...

10. 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...