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1. Canterbury Standards Committee v Sisson [2011] NZLCDT 16 [pdf, 186 KB]

   ...the particulars of which are set out below. The misconduct complained of is alleged to have occurred prior to the coming into force of the Lawyers and Conveyancers Act 2006. [2] Section 351 of the Lawyers and Conveyancers Act 2006 (“LCA”) permits such a complaint to be made in respect of conduct which occurred before the commencement of the Act provided it is conduct “... in respect of which proceedings of a disciplinary nature could have been commenced under the Law Practiti...

2. [2014] NZEmpC 136 Rainbow Falls Organic Farm Ltd v Rockell [pdf, 128 KB]

   ...Mr McKenzie did not accept that this accurately reflected the true position in relation to Mr Rockell’s leave. Rather he believed that Mr Rockell had taken his annual leave during times when the cows had dried off or work demands otherwise permitted. Mr McKenzie decided to convert the seven week notice period into annual leave, leaving four weeks of leave remaining, which Mr McKenzie also considered to be doubtful. [10] Mr McKenzie was of the view that Mr Rockell had stoppe...

3. E90 Graeme McIndoe - Urban Design - RE – Applicant [pdf, 967 KB]

   ...buildings, and it was provided for because it was anticipated that aerial views and coverage of the event would be important. Considering Base B for example, that allows around 1,000m² of rooftop signage and branding which would otherwise not be permitted. c) The limitation on the amount of illuminated and luminated (back-lit) signage in requirement 2.5 to not more than one third of the total area of signage is suitably generous. For example, considering the south façade of Base B...

4. Cooper v Hamilton Pharmacy 2011 Ltd (Strike-Out Application) [2017] NZHRRT 38 [pdf, 439 KB]

   ...279 at [19], the purpose of Part 8 of the Privacy Act is to ensure that in the first instance a complaint about an interference with the privacy of an individual must be dealt with by the Privacy Commissioner. Proceedings before the Tribunal are permitted by s 82 only where an investigation has been conducted under Part 8 or where conciliation (under s 74) has not resulted in settlement. For the complaint resolution process to work a person in respect of whom a complaint is made and an...

5. OIA-98262.pdf [pdf, 1.8 MB]

   ...Rotorua District Council (Representation Arrangements) Bill is a local bill promoted by the Rotorua District Council (operating as Rotorua Lakes Council). The Bil aims to provide for representation arrangements for Rotorua that would not otherwise be permitted under the formula in the Local Electoral Act 2001. The Bill is currently before the Māori Affairs Committee. Further background info for Minister Allan about the two Bills and Ministry of Justice advice: The Canterbury Regio...

6. [2022] NZEmpC 183 Butt v Attorney-General [pdf, 372 KB]

   ...to enter into the Record of Settlement as a result of such misrepresentation (if established)? [5] If the plaintiffs were induced to enter the Record of Settlement by a misrepresentation, it will be necessary to consider whether cancellation is permitted under s 37(2) of the Contract and Commercial Law Act 2017 (the Act) or whether damages are appropriate under s 35 of the Act. This will require consideration of the following issues: 1 Butt v The Attorney-General sued on beha...

7. Abyaneh v Auckland City Council [pdf, 175 KB]

   ...12 [36] On 1 August 2005 Mr Abyaneh then lodged a claim with the WHRS and inspections of the property was carried out by the assessor Mr Neil Alvey on 27 September 2005 and 20 October 2005. [37] According to Mr Alvey, Mr Abyaneh would not permit any destructive testing to be applied and apparently only after considerable persuasion was Mr Alvey allowed to carry out some moisture testing - although not as much as he wanted to do. [38] It also has to be recorded that when Mr...

8. 2021-04-23 TAs - MOC - submissions 2 [pdf, 323 KB]

   ...the external context of related legislation, regulations, policies and standards. 5. Where the text and purpose do not align and the purpose is clear, any faults in drafting must not be allowed to obstruct that purpose. Some elaboration is permitted to fill gaps provided that it is consistent with the legislative scheme.1 However, where the text is clear it cannot be given a meaning it is incapable of bearing.2 1 Central Plains Water Trust v Ngai Tahu Properties [2008] NZRMA...

9. Proposals-to-Improve-Court-and-System-Performance.pdf [pdf, 1.1 MB]

   ...to it, to ensure that if Cabinet does agree to it, it would be workable for Police and Crown Law. Allowing a longer timeframe for electing a jury trial 27 I also consider there is potential to reduce delays by changing when the defendant is permitted to elect a jury trial (as opposed to proceeding to a judge-alone trial). Currently, if a defendant wishes to elect a jury trial, this must be done when the defendant pleads not guilty, which is usually by the defendant’s second appeara...

10. BORA Insolvency Law Reform Bill [pdf, 382 KB]

    ...allow a purchaser to acquire good title to the debtor's property, and allow the Court to make an order to re-transfer the property of the bankrupt on the cancellation of an irregular transaction. 54. The objective behind these clauses is to permit the transfer of the bankrupt's property to the creditors in order to discharge the debts. The Assignee acts as a neutral intermediary in these situations. Without vesting the property in the Assignee (a fundamental aspect of the insol...