Search Results

1. VB v T Ltd [2025] NZDT 285 (21 July 2025) [pdf, 90 KB]

   ...11. The Court also held that the "proportionality test" may be "cross-checked" against the "punitive purpose test" – that is, whether the predominant purpose of the secondary obligation is to punish rather than to protect legitimate performance interests. However, the Court described the tests as "two sides of the same coin". 12. While VB accepts that he was parked for in excess of the maximum time stated, he submits that the additional perio...

2. Marumaru v Waipakuranui Incorporation (2012) 279 Aotea MB 137 (279 AOT 137) [pdf, 294 KB]

   ...trades. Further Material Received by the Court [22] The Court received a copy of a letter written by Mr Bell dated 5 December 2009. In this letter, addressed to a Mrs Witerina Cooper, Mr Bell warns Mrs Cooper to “consider your position very carefully before joining [Mr Marumaru]” (by putting her shares behind him to help him achieve the requisite 10% support) to support the application. Mr Bell advised that Mr Marumaru‟s claim that his lease proposal was not properly conside...

3. CAC 10054 v Hume [2013] NZREADT 91 [pdf, 252 KB]

   ...2012 the defendant had been convicted on a charge of threatening to injure (since confirmed on appeal) and the conviction related to the events of 27 July 2011 described by Ms Q before us and covered above. [26] All the prosecution witnesses were carefully cross-examined by the defendant. Further Evidence for the Prosecution [27] Then, by consent, there were other various briefs for the prosecution which generally came from persons who had dealt with the defendant as a real estate...

4. IJ v KL LCRO 190/2016 [pdf, 219 KB]

   ...KL’s employer, after the mediation, for $9,200 and which was paid directly to the firm by the employer. [37] The Committee began its consideration of this issue by setting out the provisions of s 110 of the Act, noting the importance of consumer protection and how that is enhanced by the importance of lawyers holding client funds in a trust account. [38] The Committee noted that Mr IJ does not operate a trust account. It saw the issue as being whether Mr IJ had received all or pa...

5. 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...

6. [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...

7. 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...

8. LCRO 73/2020 A and B WT v CV and DU (29 September 2021) [pdf, 185 KB]

   ...their mistakes. [12] Mr DU and Mr CV provided response to the complaint filed on 7 November 2019. They submitted that: (a) they had acted in accordance with their obligations under the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules); and (b) they had acted at all times in accordance with their client’s best interests and instruction; and 4 (c) they had no involvement with the preparation of the sale and purchase agreement or repres...

9. 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...

10. 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...