Search Results

1. LCRO 75/2016 XN and WN v VO (25 February 2019) [pdf, 242 KB]

   ...[34] Mr and Mrs N say they “are not seeking anything other than a finding that Mr VO acted deceptively” in respect of which they say there is “ample information”. [35] They say it should have been “obvious” to the Committee from “a careful examination” of their complaint that by communicating with them on his letterhead Mr VO reinforced his demands of them. Response [36] In his response filed in this Office on 6 May 2016, Mr VO asks that the Committee’s decision...

2. [2023] NZEnvC 055 New Zealand Transport Agency v Waikato Regional Council [pdf, 472 KB]

   ...adverse effects listed in this section.49 We accept this. Notices of Requirement - Having “particular regard to” considerations [61] The phrase “having particular regard to” in relation to relevant considerations under s 171(1) has been carefully analysed by the High Court as follows (footnotes omitted):50 [64] Plainly the phrase “shall have particular regard to” conveys a stronger direction than merely “to have regard to”. Section 7 (which includes the phrase) is...

3. 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...

4. 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...

5. 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...

6. NNS v MUL [2014] NZIACDT 18 (26 February 2014) [pdf, 118 KB]

   ...the Tribunal informed the parties of that approach, and they have not taken issue with it. [7] There are four heads under which the complaint is presented: [7.1] Negligence, in particular the adviser filed an application for the complainant’s protection as a Convention Refugee. The complaint contends that was not an appropriate course. [7.2] The adviser was a provisional licence holder, and failed to work under “direct supervision” as required. In addition, she disclosed informat...

7. CAC403 v Mansell [2019] NZREADT 38 (22 August 2019) [pdf, 266 KB]

   ...summary of facts at an early stage in the proceeding. While she advised that she would plead guilty to the charge under s 73(a) some three months later, the Tribunal was informed at the time of her health issues, and her surgery and post-operative care requirements. Ms Mansell may be given the benefit of her guilty plea. 8 Prasad, at [46]. [2019] NZREADT 38 - Mansell - [34] We also take into account Ms Mansell’s long and unble...

8. 2 RIA Repeal of three strikes law [pdf, 3.3 MB]

   ...that mandates outcomes that are inconsistent with BORA in realistic scenarios is itself inconsistent with BORA. The fact that the provision will produce unobjectionable results in other scenarios does not save it.”9 The current law limits the protections of this section significantly because it has the potential to require disproportionately severe punishment to be handed to an offender. This is because the judge cannot take into account the characteristics of the offender and the...

9. Proactive release - Political Donations package of changes for consultation [pdf, 1.8 MB]

   ...No. Document Comments 1 Package of potential changes to political donation settings prior to 2023 General Election Briefing paper Ministry of Justice 5 August 2021 Some information has been withheld in accordance with section 9(2)(a) to protect the privacy of natural persons. Proactive release relating to changes to political donation settings prior to 2023 This note provides context to the proactive release of the briefing Package of potential changes to political dona...

10. ORC & Ngai Tahu Ki Murihiku - EIC - Dean Whaanga - 17 September 2021 [pdf, 146 KB]

    ...with the fundamental concept of Te Mana o Te Wai since 2014 when the National Policy Statement for Freshwater Management first described it as a matter of national importance. Our whānau recognised this concept as akin to the priority given to protecting and restoring mauri that has been the policy recorded in our iwi management plans since 1999. We have supported and defended this concept in the proposed Southland Water and Land Plan, in the PORPS 2021 and through other RMA deci...