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1. Human v New Zealand Law Society [2014] NZLCDT 32 [pdf, 174 KB]

   ...appellant has now also signed an Undertaking to the NZLS to meet with Mr Parmenter on the above basis, as well as to make payments against his fine, of $100 per month, increasing in accordance with his business plan. [27] We are mindful of the public protective objects of the Lawyer and Conveyancers Act (“the Act”), and the protection of the reputation of the profession, in making our assessment of whether this appeal ought to be granted. It is extremely significant from the...

2. Asad v Patel [2014] NZIACDT 61 (30 April 2014) [pdf, 138 KB]

   ...adviser. [39] I give the adviser the benefit of the doubt, and accept he may not have had actual knowledge of what his employees were doing. [40] However, I am satisfied the adviser failed to maintain adequate control over his office, and did not protect his client from his employee unlawfully providing immigration advice. [41] When the adviser did become aware that his employee provided immigration advice unlawfully, at latest July 2012, he should have inquired into the circumstances...

3. BORA - Abortion Legislation Bill: Attorney-General's opinion [pdf, 247 KB]

   ...physical health, mental health, and well-being. New section 11 limits the right to freedom from discrimination 5. To infringe the right to freedom from discrimination in s 19 of the Bill of Rights Act, a distinction must be drawn on the basis of a protected characteristic and constitute a material disadvantage to the affected members of that group. I have concluded new section 11 gestational limit impairs the s 19 right. That is because it constitutes disadvantageous differentia...

4. RV v ZL LCRO 85/2012 (23 May 2016) [pdf, 70 KB]

   ...appropriate for Mr ZL to act for both the vendor and the purchaser in a related party transaction, when the property was allegedly sold at a substantial loss and Mr ZL was aware of the original purchase price. (c) Whether Mr ZL breached any duty of care to Mr RV as a shareholder of [Company A]. [10] The Committee addressed each issue. Conflict of interests [11] The Committee noted that the issue was not so much one of a conflict of interests but whether Mr ZL potentially was in...

5. HNL v SEC [2013] NZIACDT 11 (19 March 2013) [pdf, 146 KB]

   ...If that view were reached, the complaint would potentially be upheld on the basis that Mr SEC charged excessive fees, and failed to refund fees pursuant to clause 3 of the Code when his engagement was terminated. Failure to complete the work with care [57] Mr HNL has complained that the work was not completed with care. [58] The material before the Tribunal was consistent with Mr SEC identifying information that was required, and a process having commenced for gathering the relevant in...

6. ORC & Kai Tahu Ki Otago - EIC - Edward Ellison - 17 September 2021 [pdf, 554 KB]

   ...beliefs our whakapapa is integrally linked with water and land, and this relationship is fundamental to the identity of Kāi Tahu, as mana whenua. This connection carries rakatira rights for mana whenua and also imposes kaitiakitaka obligations to care for freshwater (wai māori) and the life it supports. The health and wellbeing of water is seen as a reflection on the mana, health and wellbeing of mana whenua. 9 The primary resource management principle for Kāi Tahu is the pro...

7. LCRO 213/2015 HY Trust v AK and GJ (21 Janaury 2019) [pdf, 286 KB]

   ...of summary judgment. [10] The respective summary judgment applications proceeded to hearing before Associate Judge Doogue in [date] and [date]. He declined to adopt an interpretation of the covenant that treated the definition of the words “protected area” as redundant. Further, he declined the Trust's claim for rectification. He also held that registration of the covenant was an interest in land that was covered by s 62 of the Land Transfer Act, and that, therefore, it ha...

8. [2021] NZEnvC 194 Hawke's Bay Regional Council v Lowe [pdf, 6.9 MB]

   ...to conserve moisture, reduce runoff and erosion, control weeds, prevent soil crusting and promote the establishment of desirable vegetation . 5.8.3 Application This practice applies to any site where vegetation establishment is important for the protection of bare earth surfaces. Mulching can be used at any time where the instant protection of the soil surface is desired. Mulching can be used in conjunction with seeding to establish vegetation, or by itself to provide temporary protec...

9. Auckland Standards Committee 1 v Hart [2012] NZLCDT 20 [pdf, 455 KB]

   ...The decision to proceed to hear the Standards Committee’s case undoubtedly imposed a greater burden on counsel representing the Standards Committee and on the Tribunal in the absence of the respondent. The Tribunal was at pains to examine and carefully consider the evidence provided by the respondent and the Standards Committee. [9] The Standards Committee’s expert witness, Mr Billington QC, was examined by the Tribunal at some length. [10] Ms D Murray, a deponent on behalf o...

10. [2016] NZEmpC 172 Twentyman v The Warehouse Ltd [pdf, 234 KB]

    ...of her claim. She was advised by ACC that this management would include deciding what help she may be eligible for such as treatment costs or weekly compensation. TWL contracted management of its obligations under that partnership programme to Care Advantage (later known as Gallagher Bassett Care Advantage). [8] On 26 March 2012 Ms Twentyman resumed work. 3 April letter [9] On 3 April 2012 Ms Twentyman gave a letter to the Taupo Store Manager, Ms Sally Rison, complaining...