Search Results

1. Bigham v Budd - Waiokura Marae and Reserves Trust (2014) 331 Aotea MB 151 (331 AOT 151) [pdf, 154 KB]

   ...entitled to exercise their rights to free speech. The only caveat to that would be where any such comments breach court suppression orders, are defamatory or in contempt or are contrary to express legislative provisions. For example s61 of the Human Rights Act 1993. In this instance, a comment has been made which can be interpreted as relating to the time taken for a decision. As I pointed out to the parties on 18 December 2014 at Te Häwera, a judgment would issue within a week o...

2. ENVC Hearing 6Oct14 WML evidence chief Donald Prince [pdf, 774 KB]

   ...R11/191, a shell midden exposed by erosion at the southern end of the beach, is the nearest recorded archaeological site to works associated with the marina proposal. 16. A number of submissions have expressed concerns regarding that koiwi tangata (human remains) have been exposed by erosion around the foreshore. Matiatia Bay has a long history of Maori occupation as can be seen by the Bay’s extensive archaeological inventory. It is therefore not unreasonable to expect that urup...

3. Hiroki v Hiroki - Tikitiki B13C1A (2011) 17 Tairawhiti MB 54 (17 TRW 54) [pdf, 124 KB]

   ...is interfering with Joseph’s occupation on Tikitiki B13C1B – Taurapa; 17 Tairawhiti MB 60 Other members of the whānau contributed money for the bach which went into the whānau bank account; Other whānau members contributed in human resource terms to the erection of the building, for example Joseph Hiroki; The applicant fails to accept that the building has been erected on the wrong block, Tikitiki B13C1B – Taurapa. [18] At the first hearing of the application,...

4. Canterbury Westland Standards Committee v Taffs [2013] NZLCDT 13 [pdf, 94 KB]

   ...for any reason, an unsuitable person to share in the enjoyment of those privileges and in effect of discharge of those responsibilities, he is not a fit and proper person to remain at the bar. Yet it cannot be that every proof which he may give of human frailty so disqualifies him. The ends which he has to serve are lofty indeed, but it is with men and not with paragons that he is required to pursue them. ...” That case was of course concerned with a much more serious conviction of...

5. Morton v Marshall [pdf, 46 KB]

   ...responsibility”. [26] He went on to say that: “There are two things to be said about these cases and the approach to problems of this kind. The first is that limited liability means what it says. Secondly, companies, by their nature, must act through human agency and mere actions on Claim No. 3483 – Determination 9 behalf of a company do not of themselves provide a basis for alleging that the agent, by whom the company has acted, has thereby become subject to a person...

6. BORA Maritime Security Bill [pdf, 59 KB]

   ...efforts must be made to avoid a ship that has been expelled being unduly detained or delayed (clause 30(5)(c)) • persons (including both crew members and passengers) who are on board a ship that has been expelled may leave the ship for emergency or humanitarian reasons (clause 30(5)(d)) • the exclusion of unauthorised persons from a port security area does not apply to passengers or crew members boarding or disembarking a ship that is situated in the port security area (clause 45(6...

7. BORA Psychoactive Substances Bill [pdf, 334 KB]

   ...Prosecutions [2004] UKHL 43, [2005] 1 AC 264. 31. Clause 80. 32. For example, by issuing advice to the public, withdrawing approval or taking steps to recall a product from sale. 33. Clauses 46–48. 34. Clause 49. 35. Bill of Rights Act, s 19(1); Human Rights Act 1993, s 21(1)(i). 36. Ministry of Health v Atkinson [2012] NZCA 184, [2012] 3 NZLR 456 at [55] and [109]; McAlister v Air New Zealand Ltd [2009] NZSC 78, [2010] 1 NZLR 153 at [51] and [105]. Comparably situated groups in t...

8. CO v IBU [2011] NZIACDT 4 (14 February 2011) [pdf, 85 KB]

   ...contemplates a complaint being upheld without necessarily imposing a sanction. It follows it is not necessary to find a disciplinary sanction is required to uphold a complaint. However, it is important to recognise that not every lapse or manifestation of human frailty should result in an adverse professional disciplinary finding. It follows there will be occasions when advisers are responsible for a lapse from acceptable standards; but still not justify upholding a disciplinary complaint...

9. CO v DSI [2011] NZIACDT 5 (14 February 2011) [pdf, 85 KB]

   ...complaint being upheld without necessarily imposing a sanction. It follows it is not necessary to find a disciplinary sanction should be imposed to uphold a complaint. However, it is important to recognise that not every lapse or manifestation of human frailty should result in an adverse professional disciplinary finding. It follows there will be occasions when advisers are responsible for a lapse from acceptable standards; but still not justify upholding a disciplinary complaint. [29]...

10. ETS v WKE [2013] NZIACDT 4 (05 February 2013) [pdf, 109 KB]

    ...complaint being upheld without necessarily imposing a sanction. It follows that it is not necessary to find that a disciplinary sanction should be imposed to uphold a complaint. It is important to recognise that not every lapse or manifestation of human frailty should result in an adverse professional disciplinary finding. There will be occasions when advisers are responsible for a lapse from acceptable standards, but that still does not justify upholding a disciplinary complaint. [...