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1. Saini v Dua [2016] NZIACDT 61 (26 September 2016) [pdf, 167 KB]

   ...breach of duty in a professional setting, by measuring the breach against real world standards where perfection is not attainable. A responsible body of a practitioner’s peers gives weight to the realities of day-to-day professional practice, and human error. Accordingly, a necessary element of the test is to determine whether any lapse is sufficiently serious to warrant upholding the complaint as a 8 professional disciplinary matter. Though the statutory context is qui...

2. McLeod - Mangatawa 2B 2A Block (Tamapahore Marae) (2020) 201 Waikato Maniapoto MB 145 (201 WMN 145) [pdf, 246 KB]

   ...(d) The Ngāti Kahu representative on the Te Mana Whenua o Tauranga forum; and (e) A former representative for both Ngāti Kāhu and Ngāti He during treaty settlement negotiations. Pine McLeod spoke also of completing a bachelor’s degree in Humanities from Te Whare Wānanga o Awanuiārangi Wānanga. He referred to acquiring theoretical skills from a kaupapa and tikanga Māori perspective, which he was applying to the various Māori governance roles he undertakes and in his da...

3. Fulton v Accident Compensation Corporation (Personal Injury) [2022] NZACC 233 [pdf, 201 KB]

   ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. 5 [18] Section 54 of the Act provides: The C...

4. Proactive-release-Re-written-Evidence-Regulations-6-July.pdf [pdf, 1023 KB]

   ...Māori interests under Article Three of te Tiriti. 40. The opportunity for public feedback on the draft regulations, and subsequent further analysis, will help to ensure the Regulations do not create adverse or unforeseen impacts for tangata whenua. Human Rights 41. I consider the proposals in this paper are consistent with the New Zealand Bill of Rights Act 1990 (NZBORA). In line with standard practice, the Crown Law Office will be advising the Attorney-General on the SOP’s consiste...

5. LCRO 114/2021 DY v WJ (20 August 2021) [pdf, 152 KB]

   ...prejudice shown by some people in this country towards vulnerable and marginalised groups. [30] There is no place in a civilised society for stereotyped assumptions based upon a person’s characteristics. Equality is a fundamental democratic and human rights value to be treasured, and called-out when compromised. [31] In appropriate cases, professional disciplinary bodies have an important role to play in regulating conduct of the type I have referred to above, engaged in by their...

6. E74 Dr Malcolm Patterson - EIC - Ngāti Whātua Orākei [pdf, 2 MB]

   ...Ōrākei anticipates continuing to work closely with the Auckland Waterfront Development Agency in the selection and bestowing of such names. ‘Named features present a cultural grid over the land which provides meaning, order and stability to human existence without which we are strangers on the land, lost souls with nowhere to attach ourselves.’ Professor Hirini Moko Mead The whenua of Auckland is part of the body of Papatūānuku, the earth mothe...

7. Establishment of Canterbury Earthquakes Insurance Tribunal 30 January 2018 [pdf, 412 KB]

   ...as still at Tribunal level. • If parties still likely to seek to refer to the courts, may just add an additional administrative layer and not speed up resolution. First appeal directly to High Court, as of right Copyright Tribunal Human Rights Tribunal Tax Review Authority (depending on amount at issue) • For small number of claims (under $350,000) removes one level of appeal. • Risk that parties automatically appeal to the High Court, meaning Tribunal...

8. Auckland Standards Committee 5 v Hong [2020] NZLCDT 12 [pdf, 160 KB]

   ...disciplined in the past. He stated that there was not likely to be any concern for the future because his Benevolence on the Conscience Loan Fund had made its last advance. He was not prepared to make any further advances from the fund because human kind could not be trusted when it comes to money.10 9 Paragraphs [20], [30] and [55] of the submissions. 10 Paragraph [91] of the submissions. 12 [31] Mr Hong further sta...

9. 2021-11-17 ORC - Closing Legal Submissions - PC8 - primary sector hearing [pdf, 153 KB]

   ...and rate is consistent with industry agreed good management practice; (b) Size and location of the disposal area, including separation distances from lakes, rivers, natural wetlands, bores, soak holes, the coastal marine area, water supply for human consumption and dwellings; (c) Duration of consent and any review conditions; and (d) Quality and content of, and compliance with, a management plan for the purpose of preventing the unauthorised discharge of liquid or solid animal...

10. [2023] NZEnvC 074 Currie v Palmerston North City Council [pdf, 385 KB]

    ...and weigh bridge receipts) that any further contaminated soil required to be removed and disposed offsite at a landfill facility consented to receive such material; b. The statement that "it is highly unlikely that there will be a risk to human health" to all i. future occupants, users and neighbouring occupants; c. An updated 'SLUR' site plan with polygons for each SLUR classification of soil and a i. specific legend describing each element on the plan; d. S...