Search Results

1. BORA Financial Service Providers (Registration and Dispute Resolution) Bill [pdf, 308 KB]

   ...otherwise. 12. 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. 13. Clause 36 of the Bill would grant the Registrar the power to: • require a person to produce for inspection relevant document...

2. Kumeroa - Raetihi 2B 2C 2C 2A1 (2003) 128 Aotea MB 1 (128 AOT 1) [pdf, 284 KB]

   ...granted by the lower court. The Maori Appellate Court held that as s 136(d) of the Act had not been satisfied the appeal would be allowed and the lower court order changing the status from Maori freehold to Generai land be reversed. Summary Having carefully considered the evidence and submissions of the Applicant, the Court is not satisfied that s136(d) if the Act has been fulfilled. Therefore, the application to change the status of Raetihi 2B 2C 2C 2A 1 from Maori freehold land to G...

3. [2022] NZEnvC 053 G & T Family Trust v Western Bay of Plenty District Council [pdf, 257 KB]

   ...the classification of an “extreme case” required to displace the principle that costs are unlikely to be awarded where an appeal is resolved without a hearing. It considers that its conduct was far from unreasonable; rather, its process was careful and considered to ensure fairness, accuracy and transparency in its decision making. Accordingly, Ms Hill submits that the Council did not breach any duty in its conduct of the appeal, therefore an award of costs is not warranted....

4. Jacobs - Waiteti No. 2A1B2A1C6 Block (2021) 260 Waiariki MB 110 (260 WAR 110) [pdf, 244 KB]

   ...status produces better prices, while often true, is no reason to change status. That would be the case on every proposal to alienate Māori land. If price were a valid argument, the effect would be to remove the interest of the wider kin group so carefully protected in the Act in the ordinary run of cases. [10] In Yeoward – Ngapuna A25, I commented on the importance of formally notifying the PCA about an application for a status change:3 In cases like this, where a change of statu...

5. NQ v HN [2022] NZDT 38 (6 April 2022) [pdf, 183 KB]

   ...NQ entitled to a full refund of his purchase price? Is HN “in trade” selling working dogs? 4. When a good is sold by a seller who is in trade selling goods of that description, then guarantees may be implied into that agreement for the protection of the consumer. An animal comes within the definition of a good. Section 6 of the Consumer Guarantees Act 1993 provides that goods supplied to a consumer must be of an acceptable quality. Section 7 defines acceptable quality as bei...

6. BT v U Ltd [2024] NZDT 574 (30 July 2024) [pdf, 175 KB]

   ...finding, U Ltd had no reason at all to take any special precautions, such as moving or raising customer vehicles which were secured as usual within their workshop. They had no more reason than their customers had to take any particular actions to protect the vehicles based on the heavy rain warning. I therefore find that the claim in negligence is not established. CI0301_CIV_DCDT_Order Page 2 of 3 5. While U Ltd has no legal liability to BT for the loss of his vehicle in the flo...

7. Status hearings evaluation: New Zealand study of pre-trial hearings in criminal cases [pdf, 487 KB]

   ...should not go to status hearings 169 8.10 Should status hearings be extended to the indictable jurisdiction? 170 8.10.1 Main aims of callovers and the role of the judge 170 8.10.2 Plea discussions and disclosure 170 8.10.3 Sentence indications 170 8.10.4 Protection of rights of accused, confidentiality and the media 171 8.10.5 Complainant’s participation in callovers 171 8.10.6 Statutory provisions or guidelines for callovers 172 8.11 The need for regulation 172 8.12 Benefits and disadvanta...

8. LCRO 47/2024 OZ v HD (22 November 2024) [pdf, 277 KB]

   ...respondent submitted a statement about the matter supported by a copy of a file note made by the supervising accountant the day after the inspection took place recording her experience of the document inspection process. [44] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that necessit...

9. International Covenant on Civil and Political Rights - government report back 5th report [pdf, 242 KB]

   ...focused on understanding links between maternity and early parenting support services and identifying who uses these services and who may be missing out. 15. Examples of results so far include a Maternity and “WellChild” needs assessment and care planning tool for early intervention. This tool has been in use in Porirua and Waikato since January 2011, and will ensure that needs are more consistently identified and referred to the appropriate places. 16. The inter-agency group ha...

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

    ...purpose and give rise to different considerations than civil proceedings taken to obtain financial remedies. We agree that principles relating to issue estoppel must not be applied too rigidly where that would have the effect of undermining the consumer protection purpose of the disciplinary regime contained in the Real Estate Agents Act 2008. However, we accept that issue estoppel principles are relevant to the exercise by a Committee (or to us on appeal) of the discretion to take no fu...