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1. [2024] NZEnvC 075 McCallum Bros Limited v Auckland Council [pdf, 12 MB]

   McCallum Bros Limited v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision No. [2024] NZEnvC 075 IN THE MATTER OF appeal under s 120 of the Resource Management Act 1991 (the Act) BETWEEN MCCALLUM BROS LIMITED (ENV-2022-AKL-121) Appellant/Applicant AND AUCKLAND COUNCIL Respondent Court: Judge J A Smith Judge A H C Warren Commissioner S Myers Commissioner K Prime Special Advisor R Howie Hea

2. [2021] NZIACDT 4 - SL v Mackintosh (4 March 2021) [pdf, 271 KB]

   ...breaches of the Licensed Immigration Advisers Code of Conduct 2010 (the Code). [3] Ms Mackintosh explains her circumstances at the time, but admits her misconduct. BACKGROUND [4] Ms Mackintosh, a licensed immigration adviser, is a director of Care Immigration Ltd, of Auckland. [5] The complainant is a national of India. She arrived in New Zealand in about March 2015 and at various times held student, work search and graduate work experience visas. She had a Bachelor of...

3. CAC 10047 v Whiteford - Penalty [2011] NZREADT 16 [pdf, 145 KB]

   ...interest to a purchaser was less serious than a failure to make such disclosure to a client vendor. [8] We accept that an agent owes a fiduciary duty to a client vendor and not a purchaser. The Real Estate Agents Act (Professional Conduct and Client Care) rules 2009 defines a customer as being “a person who is a buyer or potential buyer of land or a business and who is not a client”. This means that a “customer” of a real estate agent is a purchaser and a “client” is a ven...

4. REAA v Randall [2011] NZREADT 40 [pdf, 47 KB]

   ...decisions which we have referred to in the Memorandum of Consent. That means that those Orders of the Authority stand and they involve fines of over $9,000 and orders about taking relevant education. As a result of those appeals being withdrawn, the carefully reasoned Orders made by the Authority stand. [8] We take into account that Mr Randall is willing to undertake educational courses of the type referred to. We hope he will learn from those that he certainly must show a vendor...

5. BQ v CR LCRO 281/2012 (28 August 2014) [pdf, 45 KB]

   ...Mr CR is exposed to any complaint in this regard. 5 Dr Matthew Downs (ed) Cross on Evidence (looseleaf ed. Lexis Nexis) at [EVA 54.15]. 6 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, Rule 8. 7 This statement is not intended to reflect any decision as to whether Mr CR has complied or not with the reporting obligations. 4 [17] Finally, in this decision, I do not need to address the question of who now...

6. BORA Fisheries Act 1996 Amendment Act Bill (No 2) [pdf, 281 KB]

   ...affirms that every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person's rights, obligations, or interests protected or recognised by law. The right to natural justice includes the right to be heard. [1] 7. Clause 5 of the Bill contains transitional provisions which apply to consultation undertaken before the commencement of the Bill for the purpose...

7. BORA Cluster Munitions Prohibition Bill [pdf, 360 KB]

   ...search and seizure. There are two limbs to the section 21 right. First, section 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, section 21 protects only against those searches or seizures that are ‘unreasonable’ in the circumstances. 6. Clause 13 of the Bill provides that cluster munitions in respect of which an offence has been committed may be seized without a warrant by...

8. Thompson v Van Wijk (Variation of Non-Publication Orders) [2020] NZHRRT 46 [pdf, 137 KB]

   ...finding it difficult to do this, while maintaining her anonymity. c. The plaintiff's older children are aware of her claim and what occurred. She intends to tell her younger children when they are older. d. The plaintiff wishes to continue to protect her children from being directly identified. e. The plaintiff does not wish to speak about the details of the sexual harassment, which are still distressing to her and trigger her PTSD symptoms. f. The plaintiff now understands that...

9. Te Au Reka Market Briefing The digital context.pdf [pdf, 3.4 MB]

   ...Act, Official Information Act, Privacy Act • Providing evidence and insights that deliver better outcomes and services • The ministry Enterprise Data Warehouse enables research, trend modelling and reporting Integrity of the data Data protection and information security • Government policies and standards • Judicial requirements for court information and data management Data Sovereignty • Awareness of existing requirements • Responding to changes • Maori d...

10. Waikato Bay of Plenty Standards Committee 1 v Silvester [2023] NZLCDT 47 (31 October 2023) [pdf, 86 KB]

    ...question her fitness to practise. [8] Mr McCaughan advanced his submission about penalty in a balanced manner. We agree that the conduct was serious, at odds with that expected in a person 2 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 4 privileged to be a lawyer. We accept Mr McCaughan’s submission that inexperience and anxiety were operative factors. [9] We also agree with Mr McCaughan that the case of Latton3 is the closest compara...