Search Results

1. BORA Statutes Amendment Bill [pdf, 391 KB]

   ...and seizure. 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. 7. Two amendments were identified as giving rise to prima facie issues of inconsistency with section 21 of the Bill of Rights Act. Bios...

2. CAC 414 v Goyal [2018] NZREADT 3 [pdf, 191 KB]

   ...obtain the vendors’ consent in the prescribed form to VAD’s acquisition of the properties; [b] s 135, by failing to provide the vendors with an independent valuation; [c] r 6.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), by failing to comply with fiduciary obligations owed to his vendor clients; [d] r 6.3, by engaging in conduct likely to bring the industry into disrepute; [e] r 6.4, by misleading or withholding informa...

3. Canterbury Westland Standards Committee 1 v Whitcombe [2019] NZLCDT 37 [pdf, 152 KB]

   ...arose is a very serious matter, we did not consider this reached the standard of misconduct in this particular instance. Issue 2 [27] As admitted, this is certainly a case of clear negligence on the part of the practitioner in failing to properly protect the vendor, firstly from the risks posed by a conflict of interest, and secondly, from the risks proposed by a subdivision which was required to ensure that she received full payment, in circumstances where no default or penalty p...

4. LCRO 252/2016 MY on behalf of BAT Ltd (12 March 2019) [pdf, 250 KB]

   ...an application for liquidation based on the failure to comply with the Statutory Demand had been canvassed, that Mr BJ came to the final view that he could not confirm to the court that the debt was undisputed. Mr BJ met his duty to the court to carefully consider the matter and his duty to the court overrides any wish expressed by Mr MY. [45] Mr BJ’s conduct does not approach incompetence to the level required before a finding of unsatisfactory conduct can be made. He also had...

5. [2018] NZEnvC 214 King v Heritage New Zealand Pouhere Taonga [pdf, 13 MB]

   ...an acronym for Save Our Unique Landscape. [12] HNZPT is a statutory entity established under the HNZPTA, responsible for the administration of that Act and relevantly having among its functions :5 4 5 (c) To advocate the conservation and protection of historic places, historic areas, wahi tupuna, wahi tapu and wahi tapu areas: ... (e) To issue authorities in accordance with this Act: ... (i) To act as a heritage protection authority under Part 8 of the Resource Management Act...

6. BORA Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Bill [pdf, 197 KB]

   ...the Bill of Rights Act. In reaching this conclusion we considered a potential inconsistency with s 14 (freedom of expression) of the Bill of Rights Act. PURPOSE 3. The Bill amends the Geneva Conventions Act 1958 and the Flags, Emblems, and Names Protection Act 1981 in order to implement New Zealand’s obligations under the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (the Third Protocol), signed by N...

7. Restorative justice: Practice resources for family violence cases 2019 [docx, 6.8 MB]

   ...evidence-based risk factors · the adult victim’s assessment of the risk[footnoteRef:1] [1: This risk assessment work is largely drawn from the Western Australian Common Risk Assessment and Risk Management Framework (2nd ed.), Department for Child Protection and Family Support (2015). Perth, Western Australia: Western Australian Government.] [bookmark: _Hlk12959850]Case file no: Date: 1. Risk and lethality factor identification Factors marked with an asterisk (*) indicate an increa...

8. Julian v Inia - Succession to Moehuarahi Te Ruuri (2024) 322 Waiariki MB 32 (322 WAR 32) [pdf, 300 KB]

   ...(2024) 322 Waiariki MB 32 (322 WAR 32) I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O TE WAIARIKI In the Māori Land Court of New Zealand Waiariki District AP-20230000024870 A20210015426 WĀHANGA Under Sections 3A and 4 Family Protection Act 1955 MŌ TE TAKE In the matter of Succession to Moehuarahi Te Ruuri I WAENGA I A Between TUI KUIAKAHA JULIAN Te Kaitono Tuatahi First Applicant AP-20230000021564 ME And JOAN...

9. Evidence - Traffic - Minister for Children - Samantha McCarthy - Final [pdf, 238 KB]

   ...O AOTEAROA ENV-2019-AKL- 000007 IN THE MATTER of the Resource Management Act 1991 ("RMA") A N D IN THE MATTER of a proposed direct referral of a notice of requirement by the Minister of Children to alter Designation 3800 ‘Care and Protection Residential Centre – Upper North’ in the Auckland Unitary Plan (Operative in Part) BETWEEN MINISTER FOR CHILDREN Applicant A N D AUCKLAND COUNCIL Regulatory Authority EVIDENCE OF SAMANTHA LO...

10. Recommendations recap - issue 5 [pdf, 1 MB]

    ...Recommendations recap covers a six-month period and includes 98 coronial cases where recommendations have been made. These findings were released by a coroner between 1 October 2012 and 31 March 2013. 1 Adverse effects or reactions to medical/surgical care 6 Aged and infirm care 9 Care facilities (other) 9 Child deaths 10 Deaths in custody 15 Drugs, alcohol or substance abuse 20 Electrocution 21 Fall 21 Fire-related 23 Mental health issues 25 Natural causes 26 Ov...