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1. [2020] NZEnvC 174 Hamilton City Council v Global Metal Solutions Limited.pdf [pdf, 3.7 MB]

   ...vib.ration effects on other activities and sites, consistent with the amenity values of the receiving environment. 25.8.2.1 a The amenity values of the surrounding neighbourhood and adjoining activities especially noise-sensitive activities, shall be protected from the effects of unreasonable noise. 25.8.2.1 d Commercial, industrial and community activities shall ensure that noise received at the boundary of Residential and Special Character Zones is consistent with the Residential Noi...

2. [2024] NZEnvC 248 Federated Farmers of New Zealand v Waikato District Council [pdf, 6.9 MB]

   ...appellant regarding the activity status for water treatment plants and aboveground reservoirs. The IHP noted that a discretionary activity status is more appropriate than non-complying as the objectives and policies of the PDP primarily serve to protect the values of the Identified Areas but recognise the operational and functional needs of infrastructure.7 However, the IHP only amended the activity status of above ground reservoirs in Identified Areas8 and did not carry this reason...

3. Eichelbaum report [pdf, 441 KB]

   ...this Report the children and their parents are referred to by a code. 2.2 Background 6 The following account is taken largely from the second judgment of the Court of Appeal, as confirmed by my own reading. Originally the Christchurch Civic Childcare Centre (the creche) carried on business in the Arts Centre in Montreal Street, Christchurch. Mr Ellis started to work there as a staff member in 1986, when he was 28. Initially he was a reliever, then he was given a permanent position. H...

4. LCRO 202/2017 LO v RT (4 February 2019) [pdf, 173 KB]

   ...complaints brought by the Bar ... [41] He did go on to say that:11 But it has also been said that res judicata or double jeopardy principles may not apply to disciplinary bodies because their “disciplinary requirements serve purposes essential to the protection of the public, which are deemed remedial, rather than punitive”: Spencer v Maryland State Board of Pharmacy, 846 A 2d 341, 352 (Maryland Court of Appeals, 2003); cf Re Fisher, 202 P 3d 1186, 1199 (Sup Ct, Colorado, 2009)....

5. FE v MB LCRO 328/2012 (23 February 2015) [pdf, 70 KB]

   ...taken a different view of the evidence that was available to the Committee, but have reached the same conclusion as the Committee, namely that there is no jurisdiction to consider the conflict of interest aspect of the complaint. [34] Having carefully considered all of the information available on review, I have identified no reason to interfere with the Committee’s discretion, or its decision in respect of the allegations of negligence and failure to produce information. The p...

6. Nightingale v CAC10055 & Lee, Godfrey & Barfoot & Thompson Ltd [2012] NZREADT 55 [pdf, 67 KB]

   ...against Mr Nightingale in both the District Court and High Court. 20. The events in issue took place in 2007. This preceded the enactment of the Real Estate Agents Act 2008 and making of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009. While it is doubtful that clause 11.1 of the standard form agreement would satisfy s.126 of the 2008 Act, unless provision were made for it to be signed also by the agent so as to comply with s.126(1)(a)(ii), the positio...

7. Central Standards Committee 3 v Bailey [2023] NZLCDT 53 (5 December 2023) [pdf, 191 KB]

   ...consent is obtained, but it later becomes apparent that the lawyer will no longer be able to discharge the obligations owed to all of the clients for whom the lawyer acts, the lawyer must 1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 2 MC v QK2 LCRO 123/2019 and LCRO 124/2019. 3 immediately inform each of the clients and terminate the retainers with all of the clients. Exiting the engagements may be disappointing and even frustrating for...

8. NL v Joseph [2020] NZIACDT 6 (31 January 2020) [pdf, 125 KB]

   ...it, uphold it but take no further action or uphold it and impose one or more sanctions.4 [35] The sanctions that may be imposed by the Tribunal are set out in the Act.5 The focus of professional disciplinary proceedings is not punishment but the protection of the public.6 [36] It is the civil standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ...

9. LCRO 189/2021 KP v MM (10 February 2022) [pdf, 175 KB]

   ...inappropriate. 2 [3] The issue on review is narrow: should a finding of unsatisfactory conduct be made against Mr MM for what the Committee described as a “technical breach” by him of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). Background [4] Through a company called [Company A Limited], in which he is the sole director and shareholder, Mr KP carries on business in car sales.1 He sold a vehicle to a Mr P. [5] Mr P had comp...

10. LCRO 47/2017 KD: Review of a prosecutorial decision (30 June 2017) [pdf, 180 KB]

    ...hold the total sum on trust for the benefit of CBL. I believe a police complaint needs to be made – I will put this in writing Monday – WS [16] Mr KD replied: Noted talk tomorrow already done can’t be reversed rumours just upset you think carefully don’t react [17] On Monday 3 February 2014, Dr WS sent an email to Mr KD saying: 1. I have reread your email of 30 January regarding the receipt of the $50,000 from CBL. Your email is possibly not totally clear. You rang me th...