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1. PA v Standards Committee LCRO 267/2014 (30 June 2015) [pdf, 68 KB]

   ...matters to the Tribunal. The Court noted that: 4 The protection to the practitioner once afforded by the threshold test [in the Law Practitioners Act] is thus now met by other means. The oversight of the LCRO should also assist in protecting the resources of the Tribunal and prevented it from being overwhelmed by petty or trivial cases. [38] Several decisions from this Office have emphasised the need for this Office to proceed with caution when considering whether or not to inter...

2. Recording Industry Association of New Zealand v Telecom NZ 4451 [2013] NZCOP 15 [pdf, 146 KB]

   ...Respondents wished to be heard by the Tribunal or would be content to have the application dealt with on the papers, the Respondents sent the following email: “Please deal with on papers; what choice do we have; pretty difficult to argue with the legal resources they have. Thanks …” Applicant’s Reply [18] In reply, the Applicant emphasised that the Respondents had been found to be uploading copyright material via uTorrent in each of the three alleged infringements. 4...

3. Y v Xue [2015] NZIACDT 6 (13 February 2015) [pdf, 199 KB]

   ...Tribunal invariably applies this principle. The usual point of difficulty is identifying what is controllable. Proper control often requires that a professional person maintain reasonable practices to ensure the proper supervision of employees and resources within a practice. Regardless, there are occasions when professional persons are blameless victims of deception, or other circumstances, and that will not trigger professional disciplinary consequences. [23] In this case, Ms Xue shoul...

4. Tan v Chief Executive Ministry of Social Development (Non Party Access to Tribunal File) [2016] NZHRRT 2 [pdf, 69 KB]

   ...terms of the Act had lent the process a quasi-judicial character and the requirement of observing the principles of natural justice had resulted in an elaborate and protracted system of provisional and final opinions. The length of the process and the resources consumed led the Re- Evaluation team to recommend a conciliation process to be carried out principally by staff rather http://www.westlaw.co.nz/maf/wlnz/app/document?docguid=I5b8b680ee02c11e08eefa443f89988a0&&src=rl&hitg...

5. Karetai v Sollart - Estate of George Grey Huriwai te Ruatukihiki Karetai [2018] Chief Judge's MB 219 (2018 CJ 219) [pdf, 566 KB]

   ...feels unable to make a decision in this matter I believe a DNA test will certainly settle it. I fail to see how this would cause stress to David it requires only a simple blood sample and would stop any further wasting of the Court’s time and resources. I urge the Court to request this quickly while my mother is still in good health.” [18] Maarea futher claimed that she did not intend to mislead the Court when she applied for succession in 2006. She states “I expressed the...

6. [2020] NZEmpC 231 Lye v ISO Ltd [pdf, 255 KB]

   ...day. Taking planned time off sees a corresponding reduction in the retainer, but the stevedore remains eligible to be allocated to other shifts in the pay period (and the pay for working them). [26] Dean Carter, ISO’s General Manager of Human Resources, explained the rationale for the company’s method of allocating work. There was no significant disagreement between Mr Carter and Mr Lye about how work is allocated. He explained that ISO’s work volumes are dictated by extern...

7. Waitangi Tribunal - issue 55 of Te Manutukutuku [pdf, 511 KB]

   ...claimant group and the number of people in it; 3. how the claimants’ representa- tives are elected, who they are, and the names of spokespeo- ple; 4. where the claimant group holds mana whenua, the marae it identifies with, and the land or resource that is being claimed; 5. details of any cluster or collective with which the claimant is associated or may be willing to join; 6. in which district the claim belongs and is desired to be heard. The results of the questionnaire...

8. Waikato and Waipā River Iwi.pdf [pdf, 240 KB]

   I MUA I TE KOOTI TAIAO O AOTEAROA ENV-2020-AKL TĀMAKI MAKAU RAU BEFORE THE ENVIRONMENT COURT AUCKLAND REGISTRY UNDER the Resource Management Act 1991 (the RMA) AND IN THE MATTER of an appeal under clause 14(1), Schedule 1 of the RMA in respect of Plan Change 1 to the Waikato Regional Plan AND IN THE MATTER of section 274 of the RMA BETWEEN THE APPELLANTS LISTED AT PARAGRAPH 1 OF THIS NOTICE Appellants AND WAIKATO REGIONAL COUN...

9. Water quality in Otago July 2015 to June 2020 [pdf, 1.1 MB]

   ...which can affect photosynthesis. High sediment loading also tends to smother the streambed, which reduces macroinvertebrate and fish-spawning habitat. Introduction The Otago Regional Council (ORC) is responsible for managing Otago’s surface-water resources and carrying out regular and extensive long-term water-quality monitoring, as part of its State of Environment (SoE) programme. This report card documents the results of ORC water-quality monitoring undertaken between July 2015 and...

10. Auckland Standards Committee 2 v Johnson [2022] NZLCDT 28 (19 August 2022) [pdf, 233 KB]

    ...cashflow problems. [13] The second lending transaction, to a different company operated by Mr B, was for $43,267.17, and was personally guaranteed by Mr B. Once again, the practitioner wore multiple hats and the funds were loaned from his own resources, having borrowed money from his parents. [14] There is no criticism of the terms of the loan agreements and Mr Johnson is also at pains to point out that Mr B himself has a law degree (although has never been in practice) and i...