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1. Waitangi Tribunal COVID-19 Level 2 protocol (3 September 2020) [pdf, 149 KB]

   ...suites). c. Face masks should be worn in all public spaces, in accordance with paragraphs 10-12 above. Gloves may also be worn. d. Hand sanitiser will be readily available within the hearing venue. e. The Tribunal will not normally permit documents to be handed up to the panel. Documents that parties wish to produce should be scanned and shared by email at the appropriate time. 27. Any concerns about health and safety practices should be raised with the Tribunal Registra...

2. Auckland Standards Committee1 of the New Zealand LawSociety v X [2011] NZLCDT 15 [pdf, 79 KB]

   ...word “includes” at the beginning of section 7(1)(b), as contrasted with the word “means” at the beginning of section 7(1)(a), which deals with misconduct while providing regulated services, means that there is an inclusive definition which permits of conduct less serious than would lead to strike off, falling within section 7(1)(b)(ii). [20] Although his client had indicated a guilty plea to the charge prior to his involvement, Dr Harrison did not seek to resile from his c...

3. Hemara - Estate of Marion Gloria Puke [2015] Chief Judge's MB 611 (2015 CJ 611) [pdf, 358 KB]

   ...as set out below: I GIVE my house property including all contents therein, described as Mautari [sic] 3F Block all Certificate of Title Volume 54D Folio 72 containing 1539 square metres situated at Mautari [sic] Bay, to my trustees UPON TRUST to permit the members of my family to use the property as a holiday home on such terms and conditions as to payment and for such periods of time as my trustees shall determine for time to time AND I DIRECT that the decision of my trustees shall b...

4. [2016] NZSSAA 021 (31 March 2016) [pdf, 35 KB]

   ...good faith; (d) the beneficiary changed his position believing he was entitled to receive the money and would not have to repay it; and (e) it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. Pursuant to s 86(9B) of the Act, the term “error” includes: (a) the provision of incorrect information by an officer of the Ministry; (b) an erroneous act or omission occurring during an investigation of benefit entitle...

5. [2018] NZLCDT 9 Auckland Standards Committee 2 v Name Suppressed [pdf, 157 KB]

   ...with investigating a complaint must be regarded as serious. It indicates a lack of candour that may be significant when considering the fitness of a practitioner to remain in the legal profession.” [26] It is axiomatic that if practitioners were permitted to make their own judgment about whether a complaint is worthy of response or investigation, the entire independent disciplinary process would break down. [27] Counsel for the Standards Committee submits that the level of culpabil...

6. Deliu v New Zealand Law Society and National Standards Committee (Second Recusal Application) [2013] NZHRRT 12 [pdf, 122 KB]

   ...the subjects to which they relate. It was submitted that counsel can refer to such documents in legal submission without the need for that evidence to be introduced through a witness. In the alternative, s 106(1)(d) of the Human Rights Act 1993 permitted the Tribunal to receive as evidence the information in the memorandum whether or not it would be admissible in a court of law. The memorandum concluded: 6 Counsel submits that the published documents referred to in the 21 March 2012...

7. Mr M v CAC 20004 & Lewin & Lewin [2013] NZREADT 63 [pdf, 89 KB]

   ...information must be the vendor themselves or their solicitor. As Wilde J said in Altimarloch Joint Venture Limited v Moorhouse & Others3 at paragraph 252: “Bayleys ought to have included accurate and complete information about the water permits in its sales information brochure, carefully checking that information with the Moorhouses and/or G W (the vendor’s solicitors) before issuing the brochure. I find Bayleys was negligent in not doing that.”

8. [2019] NZEnvC 036 Yaldhurst Joint Action Group v Christchurch City Council [pdf, 141 KB]

   ...commonality of objectives and policies for the majority of the rural zones. Such an approach appears to leave the outcomes for the different zones to be driven by the rules and this becomes problematic when consent is sought to do something that it not permitted under those rules .13 [19] I do not accept , however, the blanket submission that the City Council has failed to plan and provide for quarrying. The City Plan provisions, properly constructed, provided sufficient guidance on...

9. Territorial Authorities MW Twose Supplementary evidence on pRPS 21 July 2021 [pdf, 159 KB]

   ...rainwater retention and reuse for new development) could then be introduced as new land use controls via a district plan change. The relief proposed by the TA’s will mean that progress on this will begin sooner rather than later for the water permits affected by PC7. Issue 7: To what extent is PC7 consistent with the policy direction in the pORPS for community water supplies? 20. As a change to the Water Plan, PC7 does not give effect to the Te Mana o te Wai concept in the NPS...

10. [2015] NZSSAA 036, 18 May [pdf, 37 KB]

    ...received the payments of benefit in good faith; (d) the beneficiary changed her position believing she was entitled to receive the money; and (e) it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. [23] Pursuant to s 86(9B) of the Act the term “error” includes: (a) the provision of incorrect information by an officer of the Ministry; 4 (b) an erroneous act or omission occurring during an investigation...