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1. CAC301 v Murphy [2015] NZREADT 42 [pdf, 211 KB]

   ...enter the property until some more significant testing had been done. The indicative test told him that there was methamphetamine present at the property and he immediately noticed a very strong smell of that when entering it. He was dressed in full protective clothing comprising a suit, a mask, and breathing apparatus. He observed that whether or not there might be an aroma from methamphetamine could be related to whether the property had been shut up or ventilated prior to entry. [3...

2. Peni v Pahi — Tiroa E Block and Te Hape B Block (2010) 1 Waikato Maniapoto MB 25 (1 WMN 25) [pdf, 148 KB]

   ...have to seek removal of the trustee by the Court. The fact that a clause in the trust order allows a trustee to be employed is not to say that the employment of a trustee in particular circumstances is best practice. The trustees need to think carefully each time they have to involve this clause. The clause is commonly inserted to allow payment of professional trustees such as lawyers and accountants whose knowledge of the trust’s affairs means the legal and accounting affairs...

3. MZ v Sun [2019] NZIACDT 12 (4 March 2019) [pdf, 261 KB]

   ...recorded on the application form. When he received confirmation that the application had been completed as dictated by him, he reviewed the documents and lodged the application. It is therefore not correct to suggest that he did not exercise due care and diligence. 10 Statutory Declaration of complainant, 28 July 2014, at 3 of translation. 11 At 1, 2 & 3 of translation. 11 [54] Mr Sun accepts he did not have direct contact with...

4. Van Wey Lovatt v Health New Zealand (Strike-Out) [2023] NZHRRT 37 [pdf, 202 KB]

   ...compensation for that alleged breach. [46] There is a distinction between the matters which are addressed by each of Rules 5 and 8. Rule 5 relates to the storage and security of health information. It requires an agency to ensure that information is protected by such security safeguards as are reasonable in the circumstances to take against access, use, modification or disclosure, except with the authority of the agency. [47] Rule 8 relates to a requirement to ensure that the accu...

5. Professor Simon Francis Thrush - Evidence in Chief [pdf, 2.7 MB]

   BEFORE THE ENVIRONMENT COURT Auckland Registry ENV 2015 AKL 0000134 IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule of the Act TRUSTEES OF MOTITI ROHE MOANATRUST Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent STATEMENT OF EVIDENCE OF PROFESSOR SIMON FRANCIS THRUSH ON BEHALF OF MOTITI ROHE MOANA TRUST 25th October 2017 Counsel Acting RB Enright Barrister Level 1, Stanbeth House 28 C

6. 04-Appendix-Four-DCR_Part1.pdf [pdf, 23 MB]

   ...Status: FINAL│ Project No.: 310203848 │ Our ref: 221010 DCR_V0.9.docx Page 11 Access underpass CH32900 Highway over 25-35 m Watercourse culverts are described in Section 3.9. 3.5. Safety Barriers The Project will include median and side protection barriers on the state highway in accordance with the Safe System philosophy. Barrier design parameters that are being adopted into the Project design include: • MASH testing level compliant median wire rope barrier throughout...

7. [2015] NZEmpC 216 Roy v Tamaki College Board of Trustees no 3 interlocutory [pdf, 151 KB]

   ...concerning both the evidence given by witnesses and statements made by the Court, have been the subject of subsequent consideration and have been established in cross- examination of Mr Roy to be false. That means that the Court must examine very carefully and critically the other very serious allegations that the plaintiff has made, particularly about the school’s Principal and its then Board’s Deputy Chair. Some of those allegations may be described as sensational and they ar...

8. ENVC Hearing 6Oct14 DM local Judith Pemberton [pdf, 107 KB]

   ...Conservation, Auckland Council and the contracting firm attended to rescue any penguins still present in the burrows. I observed as my son indicated to those representatives where the penguin burrows were located. A digger driver would then carefully prise the rocks away to reveal any remaining penguins. Although it was day time and most of the penguins would ordinarily be at sea, two penguins were rescued and relocated to a different island by Department of Conservation staff....

9. WC v AU LCRO 218 / 2012 (6 June 2013) [pdf, 94 KB]

   ...not the role of the Standards Committee to enforce standards of mere etiquette, it would seem usual to raise these matters with the other counsel not only as a matter of courtesy, but also to ensure that the interests of the client are properly protected and there is no duplication (such as the two Legal Aid applications) or confusion. [35] It is clear that there is no property in a client and that a client may change lawyers should they choose to do so. It was therefore not inapp...

10. MBL v Shadforth [2016] NZIACDT 31 (16 June 2016) [pdf, 100 KB]

    ...licensed immigration advisers are dishonest, and not held to account by the Immigration Advisers Authority. It gave the complainant’s practice as an example of dishonesty, and suggested persons engaging licensed immigration advisers should take care so they do not engage dishonest advisers, which is a real risk. [4] Accordingly, the breach of confidentiality was in an aggravating context, where Ms Shadforth behaved irresponsibly and unprofessionally. [5] Imposing sanctions in a case o...