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1. [2021] NZREADT 40 – Beath (29 July 2021) [pdf, 389 KB]

   ...noted that the solicitors’ first letter specifically referred to the presence of Dux Quest piping), and they should have requested a copy of the CheckHome report.21 [72] The Committee found that if the licensees had exercised appropriate skill, care, competence, and diligence they would have discovered the existence of Dux Quest piping at the property and disclosed it to Mr Beath before Mr Beath discovered it himself. It found the licensees were in breach of rr 5.1 (which requires...

2. [2019] NZEnvC 039 New Zealand Association of Radio Transmitters Incorporated v Kapiti Coast District Council [pdf, 611 KB]

   ...about Kapiti when the district plans for many other councils with similar physical environments allowed for higher support structures and large Vagi aerials as permitted activities. She responded that Kapiti had its own unique landscape which was protected through the objectives and policies in its plan and that amenity values were also protected and managed in a reasonably stringent way.27 [3'1] Mr van Schalkwyk is the Senior Emergency Manager for Kapiti at the Wellington Em...

3. Section 87F Report N Broadbent with Appendices A U [pdf, 15 MB]

   Report under section 87F of the Resource Management Act 1991 on a notified resource consent application by Panuku Development Auckland Limited for consent for the construction, occupation, use and maintenance of permanent and temporary infrastructure and undertaking of activities within the coastal marine area and on land, associated with the America’s Cup To: From: Panuku Development Auckland Limited (“the applicant”) Nicola Broadbent – Reporting Planner Auckland Co

4. LCRO 20/2020 WD and FJ v EG, SN and PL (7 April 2022) [pdf, 354 KB]

   LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2022] NZLCRO 031 Ref: LCRO 20/2020 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee [X] BETWEEN WD and FJ Applicants AND EG, SN and PL Respondents The names and identifying details of the parties in this decision have been changed. DECISION Introduc

5. [2020] NZEnvC 186 Panuku Development Auckland Limited v Auckland Council [pdf, 3.1 MB]

   ...date. 5 o Submissions of Astrid Modrow dated 28 August 2020; o Submissions of Julie Singh dated 28 August 2020; o Submissions of Robert Dexter dated 28 August 2020; • Reply submissions from Panuku dated 2 September 2020. [1 OJ Having carefully considered the above, we determined that a further hearing was not necessary as the issues for each party were clearly expressed in their written submissions. We have, therefore, dealt with them on the papers to avoid further delay.

6. Evaluation of Rotorua Second Chance community-managed restorative justice programme [pdf, 544 KB]

   ...2003). In conventional criminal justice systems, professionals representing the state make the decisions about how to respond to the offending. In contrast, restorative justice processes provide for victims, offenders and their ‘communities of care’ (Braithwaite, 1989) to come to decisions about how best to deal with ‘their’ offence. Restorative justice processes operate differently within and across different countries. Allison Morris (2002) has argued that there is no singl...

7. Volume-II-Supporting-Information-and-AEE_1-November-22.pdf [pdf, 12 MB]

   ...tangata whenua that reflects the principles of Te Tiriti o Waitangi. The following values underpin the partnership: • Te Tiriti (spirit of partnership) • Rangātiratanga (leadership – professionalism – excellence) • Ūkaipotanga (care – constructive behaviour towards each other) • Pukengatanga (mutual respect) • Manaakitanga (generosity – acknowledgement – hospitality) • Kaitiakitanga (environmental stewardship) • Whanaungatanga (belonging- teamwork)...

8. Thompson & Ors v CAC 20006 & Adams [2013] NZREADT 65 [pdf, 90 KB]

   ...to remain 244A and 244B, and the existing dwelling was to remain 244C. [10] On 26 April 2012, Mr Law prepared a written market appraisal for the properties in accordance with Rule 9.5 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009. It was prepared to reflect the current market conditions and confirmed comparable information on sales of similar land in the area. It recorded the recent sale of two similar vacant sections in the area. However, the recent...

9. LCRO 145/2015 and 148/2015 YK v GS and GS v YK [pdf, 407 KB]

   ...significance. The Committee correctly noted that the arrangement put in place by Mr YK made it difficult to provide a clear accounting of the funds. The payment arrangements for the retainer were unusual. The reasons as to why it is necessary, for the protection of clients, for funds received on account of fees to be paid into an audited trust account, are so well understood that I need traverse them no further here. [76] Mr YK’s indication that he has now put in place arrange...

10. INZ (Calder) v Cleland [2019] NZIACDT 25 (3 May 2019) [pdf, 252 KB]

    ...Skype interview. He accepted that he had failed to confirm to the clients when the application was lodged. He denied having relied on unlicensed individuals to provide immigration advice and denied having failed to perform his services with due care and diligence. [42] According to Mr Cleland, he had already admitted his shortcomings in his relicensing application and had received a warning concerning this. The complaint provided further evidence of the same shortcomings which...