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...evidence shows [redacted] could be at real risk and if that happens, the consequences could include termination of the projects. This will not serve the ends of justice. [138.3] … [34] It is certainly important that the rights of consumers be protected. But those rights are not to be protected at all cost. The public interest requires that the powers conferred by the HDCA be exercised fairly. But in the present case the long delay in bringing the proceedings caused substantial u...
...inquisitorial functions under section 49 of the Immigration Advisers Licensing Act 2007, by requiring Mr J to appear, and address any opposing evidence and cross-examination from the Registrar and the complainant. The Registrar has responsibility for protecting the public interest in the complaints process, investigating complaints, and ensuring the Tribunal has such information as it should have to make decisions. [37] The Tribunal has unchallenged evidence given on oath; it is obliged...
...offence. Conclusion 26. In our view the limit these presumptions, strict liability offences, and reverse onus offences place on section 25(c) of the Bill of Rights Act is justified in terms of section 5 of the Bill of Rights Act. Section 26(2): protection against double jeopardy 27. Section 26(2) of the Bill of Rights Act affirms the double jeopardy protection: the right not to be tried or punished for an offence twice. 28. The Bill proposes some amendments to the Securities Act...
...policy direction as to the appropriateness of buildings, structures and activities within the National Grid Yard depending on whether the relevant area is already compromised by underbuild, or whether the corridor (the National Grid Yard) can be protected so that the line does not become compromised by future development. (b) Rule A5 in Table D26.4.1, which currently provides a barrier to certain land use activities (which was not sought by Transpower) by imposing a defaul...
...relevant facts and evidence can be established before any further orders can be contemplated. He underscores that, having discovered the alleged misappropriation, the trustees have done everything in their power to act responsibly and swiftly to protect the interests of the trust’s beneficiaries. Counsel rejects the submission that the trustees ought to be removed from their positions immediately. [16] Mr Capper and his supporters demand the immediate removal of the trustees. He...
...sentence in which the signatory (BM) agrees to be guarantee payment if the client is a company (in this case J Ltd). This sentence is somewhat buried in the Client Information Sheet, and there must be a risk that a director will not have read the sheet carefully and may not be aware of what they have agreed to. Nevertheless, I 1 [2020] NZSC 118. CI0301_CIV_DCDT_Order Page 3 of 5 consider that the words in the Client Information Sheet are sufficient to meet the requirements of s...
...remaining factor to consider is the merits of the claim. This is a rare case of the sort discussed in Almond v Read where it is appropriate to attempt to weigh the merits of the potential claims.12 Obviously, such an assessment needs to be undertaken carefully and bearing in mind that at this stage it can only ever be an impression of the merits of the case. [42] There is a significant impediment to Ms Matheson’s case which indicates that her prospects of overturning the Authori...
...Procedure Act implementation Legal Aid: Criminal Procedure Act 2011 consultation response on changes to the criminal fixed fees Pre-approved disbursements for criminal cases Temporary travel and parking disbursements for Upper Hutt and Feilding courts Protection of Personal and Property Rights Act 1988 Consultation response paper for new family legal support service The Ministry of Justice recently consulted on a new legal support service, which is being established as part of reforms to the f...
...providing the applicant with information about the legal costs he had agreed to pay. [18] The Committee then considered the alleged conduct as a potential breach of: (a) r 10.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules), which requires a lawyer, when acting 5 in a professional capacity, to treat all persons with respect and courtesy; and (b) r 13.1 of the Rules, which provides that a lawyer has an absolute duty of honesty to t...