Search Results

1. Vainu - Succession to Phyliss Harmon (2025) 124 Tākitimu MB 16 (124 TKT 16) [pdf, 264 KB]

   ...is only relevant to a will if the will itself makes reference to tikanga, this Court can apply tikanga when a will is silent on the issue and when there is a lack of expert or fact evidence relating to tikanga. However, the Court must tread carefully in this area because judges do not make or create tikanga. (d) Notions of moral duties, providing support to children, the relationship between parent and child, and the obligations to look after future generations, which underpin fa...

2. Family violence & the pro-arrest policy: a literature review [pdf, 214 KB]

   Family violence and the pro-arrest policy: a literature review Prepared for the Ministry of Justice by Dr Sue Carswell 2 DISCLAIMER This research was commissioned by the Ministry of Justice. The report has been prepared by the author and the views expressed in it are those of the author and do not necessarily represent the views of the Ministry of Justice. First published in October 2006 by the Ministry of Justice PO Box 180 Wellington New Zealand © Crown Copyright ISBN 0-478-29

3. ENV-2016-CHC-000071 Application for Declarations [pdf, 3.6 MB]

   BEFORE THE ENVIRONMENT COURT ENV-2016- IN THE MATTER AND IN THE MATTER BETWEEN AND of the Resource Management Act 1991 of an application for declarations under Part 12 of the Act ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED Applicant MACKENZIE DISTRICT COUNCIL Respondent APPLICATION FOR DECLARATIONS BY ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED 17 November 2016 Counsel Acting: R B Enright / MCWright PO Box 91736 Victoria Street West Auckland 1142 E: madeleine@ed

4. LCRO 293-2014 KX v Area Standards committee X [pdf, 206 KB]

   ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [51] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the materials filed in the course of this review, there are no additional issues or questions in my mind that necessitate any further submission from...

5. Duncan John Napier v The Registrar of the Real Estate Agents Authority [2017] NZREADT 64 [pdf, 245 KB]

   ...judgments against you in any court? to which Mr Napier responded: I have had a judgment against me on a civil matter relating to a business that I was a director and shareholder trustee in for the period 2005 to 2012 prior to my real estate career. I am appealing the judgment with a reference CA647/2015 which will be heard at the end of this year. It is a civil matter and no police involvement has occurred. [14] The Registrar obtained a copy of the High Court judgment. In he...

6. MSC v Scholes [2013] NZIACDT 71 (25 November 2013) [pdf, 167 KB]

   ...the issues set out below, and the adviser and the complainant did not dispute them in their Statements of Reply. The Tribunal made the findings on the issues that are also set out below: [57.1] Issue 1: Did Ms Scholes perform her services with due care, diligence, respect and professionalism: Conclusion: Ms Scholes failed to meet her duties of care, diligence, respect and professionalism. First, Ms Scholes failed to evaluate her client’s immigration opportunities and instead channelle...

7. [2016] NZEmpC 173 Lyttelton Port Company Ltd v Maritime Union of NZ Inc [pdf, 222 KB]

   ...correct approach to the construction of strike notices. An important decision is Secretary for Justice v New Zealand Public Service Assoc Inc. In that judgment, Cooke P (as he then was) stated: 5 The purpose of the notice requirement is to protect the public interest as far as reasonably possible. The services listed in the Act include the supply of water, electricity, medicines, petroleum, sewage disposal, fire brigade work, sea and air transport, ambulances and hospitals....

8. [2020] NZREADT 51 - [Appellant] v Real Estate Agents Authority (21 October 2020) [pdf, 309 KB]

   ...that as a consequence of not being advised as to the end date of the renewed agency agreement, he and [his wife] were locked in with the Agency for longer than they wished to be. He submitted that the Tribunal should recognise that the consumer-protection procedures and processes set out in the Real Estate Agents Act 2008 (“the Act”) and the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”) were not followed. [36] He submitted that Ms Fo...

9. INZ (Calder) v Ahmed [2019] NZIACDT 18 (2 April 2019) [pdf, 225 KB]

   ...applications involved a lot of clerical work. The staff did educate the clients in letters containing immigration advice, but they specifically 7 mentioned that the advice was provided by the licensed adviser. There might have been some careless instances in a few messages but these were all inadvertent. Mr Ahmed sent with his letter a table identifying the various steps in a residence process, stating whether it was performed by an employee or the adviser and therefore cate...

10. RIS - Enabling election day enrolment [pdf, 532 KB]

    ...accessibility for electors. A key objective of electoral work is to uphold the principles of the Treaty of Waitangi. In its report on the Māori Electoral Option, the Waitangi Tribunal found that the Crown is under a Treaty obligation to actively protect Māori citizenship rights and in particular existing Māori rights to political representation conferred under the Electoral Act 1993. 11 This duty of protection arises from the Treaty generally and in particular from the provisions...