Search Results

1. [2016] NZSAAA 02 (28 July 2016) [pdf, 220 KB]

   ...student’s biological parent but who is “married to, or in a civil union or in a de facto relationship with, the mother or father of the student”. [13] Nevertheless, where a student has “established independence” from one parent, reg 4(2)(c) permits StudyLink to make the income assessment on the basis of the income of the other parent alone. This is only possible, however, where the student’s parents are not living together and the case falls within the criteria listed in r...

2. RC v ZN LCRO 74/2012 (21 July 2015) [pdf, 55 KB]

   ...conduct has proceeded on a reasonably narrow interpretation of the rule. [37] Section 200 of the Lawyers and Conveyancers Act enjoins this Office: … [to] conduct any review with as little formality and technicality, and as much expedition as is permitted by – (a) the requirements of this Act; and (b) a proper consideration of the review; and (c) the rules of natural justice. [38] Applying such an approach means that I should stand back and take an overall view of the purpos...

3. [2020] NZCAA 01 (7 July 2020) [pdf, 307 KB]

   ...Court Rules, HR 14.6.02(3(a)(iii). 4 [11.2] Scale costs and disbursements of $50,425.25 in total were accepted. [11.3] Clause 27 of Schedule 8 provides a specific provision to award only reasonable costs and expenses. That does not permit increased costs, and as there is no equivalent of Rule 14.6 or 14.10 of the District Court Rules, the principles in those rules do not apply. [11.4] Departure from scale costs departs from the usual approach, that has regard to...

4. J v NZLS [2012] NZLCDT 27 [pdf, 94 KB]

   ...there is a: “… responsibility of the Court and all who administer the examination system to give full weight to the clear public interest of ensuring that only those who have, inter alia, the requisite professional and competence should be permitted to go forth to the public as practitioners in the law. Members of the public must of necessity place considerable reliance upon the competence of persons who are duly admitted to practice in one or other of the branches of the legal p...

5. TSO v Hassan [2013] NZIACDT 52 (16 August 2013) [pdf, 125 KB]

   ...residence because some solicitor told her to do it”. [36] He would like to face the complainant in a hearing as he believes she would then tell the truth. Information gathered by the Registrar [37] The Registrar has investigative powers, and is permitted to gather information in relation to the complaint when thought fit (ss 47 and 57 of the Act). [38] The Registrar obtained notes from the Immigration New Zealand Application Management System dated 13 September 2011 to 1 May 2012....

6. Hall v Opepe Farm Trust (2010) 22 Waiariki MB 47 (22 WAR 47) [pdf, 131 KB]

   ...fees without approval. 22 Waiariki MB 54 Trustees’ fees [21] The starting point is the principle set down in Robinson v Pett that trustees must act gratuitously and cannot profit from their office. 16 As a fiduciary a trustee cannot permit any conflict between personal interests and the trustee’s duties to the beneficiaries: Boardman v Phipps. 17 Where trustees profit from that role they must then account to the trust for the unauthorised retention of trust capital:...

7. LCDT - 2016 annual report [pdf, 496 KB]

   ...interlocutory applications requiring adjudication prior to hearing, some of which (of a procedural nature) can be considered by the Chair alone, and some of which require the convening of the full, or reduced number Tribunal. A reduced quorum is permitted, consisting of three members (a Chair, one lay member and one lawyer member) to consider applications for Interim Suppression of Name and for Interim Suspension Orders. These provisions allow speedier consideration of such app...

8. BORA Parliamentary Privilege Bill [pdf, 315 KB]

   ...tribunal for the purpose of ascertaining the meaning of a statement made outside parliamentary proceedings (cll 8(4) & 10). The effect of that prohibition is to preclude claims based upon “effective repetition” of parliamentary statements, as permitted by Jennings, above [3]. 4.3The power of the House to impose a fine of up to $1,000 for contempt, with such fines to be enforceable as if a fine for contempt of court (cl 21). While the House most recently imposed a fine in 2006,...

9. BORA Education (Update) Amendment Bill [pdf, 148 KB]

   ...observances or traditions appropriate to that belief (new s 414(1)). 2 This is set out in s 31 of the Private Schools Conditional Integration Act 1975, which is brought over into the Bill as new s 444. 3 As compared to state schools which are not permitted to do so while they are open. of Religious Studies; any other proportion of teaching positions provided for in the school’s integration agreement; and deputy principal at a primary school or a position of assistant principal...

10. LCRO 194/2015+56/2016 TB v HN Ltd (12 June 2017) [pdf, 144 KB]

    ...TB apologise is reversed. Fine [34] The Committee ordered Mr TB to pay a fine of $7,500 to the NZLS. [35] The maximum fine pursuant to the Act is $15,000. [36] The AMINZ Tribunal ordered Mr TB to pay a fine of $7,000, where the maximum permitted fine is $10,000. [37] In both cases the fine goes to the body exercising jurisdiction. [38] A fine is a punishment. [39] The AMINZ decision notes that the fine as imposed was intended to cover the whole of the default set ou...