Search Results

1. Guo v REAA & Jackman [2013] NZREADT 1 [pdf, 31 KB]

   ...registered as an architect with the New Zealand Board of Architects. Such a misconception in the mind of a purchaser could lead to that purchaser paying a much higher price than otherwise for property and that type of possibility must be eliminated. [101] It should be clear from our above coverage and analysis of the relevant conduct of the said eight licensees that we do not think that their respective conduct in issue amounts to unsatisfactory conduct in terms of s.72 of the Act. To...

2. SL v MM LCRO 272 / 2011 (2 November 2012) [pdf, 58 KB]

   ...consideration was given as to how the Law Society could short circuit the process by communicating directly with the law firms. Whilst the situation may have been somewhat unusual, it seems to me that the Law Society did have power pursuant to section 101(3)(c) of the Law Practitioners Act 1982 to undertake direct enquiries to resolve the impasse that had developed. [14] Correspondence in a similar vein between the various parties continued through to September 2011. No further pr...

3. [2016] NZEmpC 159 Lumsden v Skycity Management Ltd [pdf, 101 KB]

   ...grievances, including by statutory mediation, is one of the Act’s ways of settling employment relationship problems so that such settlements and their binding effect do not amount to a contracting-out under s 238. That is arguably recognised in s 101(ab) which sets out, among the object of pt 9 of the Act, that it is “to recognise that employment relationship problems are more likely to be resolved quickly and successfully if the problems are first raised and discussed directly...

4. Reedy - Waitangi A1A2 (2003) 65 Ruatōria MB 168 (65 RUA 168) [pdf, 1.3 MB]

   ...trust order to enter into contracts or arrangements with any person and to apply the revenues arising from the operation of the trust in paying the costs of administration of the affairs of the trust. (Trust Order 44 Rua MB 247-256 & 45 Rua MB 101 clauses 3(d) and 4). In this case that means that where a debt related to the administration of the trust has been proven, the income can be used to settle that debt by way of an order of the Court. Such orders can be ordered by this Court...

5. Hoko - Papamoa 2A1 (2001) 68 Tauranga MB 96 (68 T 96) [pdf, 1.4 MB]

   ...against the application I conclude that it is not appropriate that the Court at this stage should exercise its discretion to grant the application. The issues of convenience to the COpy TO: TGA67A.6·11 Tauranga Minute Book Volume 68 FOlio 101 Page 6 applicanl which I have menlloned do not outweigh the Importance of the land to and the rights of the objeclors when considered in contexl with the kaupapa, principles of interprelation and objectives of Ihe Act. It may well be...

6. [2019] NZEmpC 122 Bay of Plenty District Health Board v CultureSafe NZ Ltd [pdf, 407 KB]

   ...and did not meet the requirements spelt out in reg 20 of the Employment Court Regulations 2000 (the regulations). 1 Bay of Plenty District Health Board v CultureSafe New Zealand Ltd [2019] NZERA 101. [9] I have also received and considered submissions filed for each party. Overview of the parties’ cases [10] In support of the defendants’ application for leave, Ms Weatherly-Hull, an employee of the first defendant Cu...

7. BORA Resource Management Amendment Bill Vet [pdf, 215 KB]

   ...with the Act.” We consider that the application of these powers constitutes a search under s 21 of the Bill of Rights Act. 3 Constitution Act 1986, s 23. 4 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. LEGAL ADVICE LPA 01 01 24 18. The Bill does not expand on the range of search powers currently available under the RMA, but rather extends the use of these powers to the EPA, which mu...

8. BORA - National Animal Identification and Tracing Amendment Bill [pdf, 327 KB]

   ...of probabilities) a defence to avoid liability; whereas, in other criminal proceedings an accused must merely raise a defence in an effort to create reasonable 4 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. doubt. This means where the accused is unable to prove the defence, he or she could be convicted even though reasonable doubt exists as to his or her guilt. 19. Schedule 2 of the Bill con...

9. DKD v Smith [2019] NZIACDT 82 (12 December 2019) [pdf, 78 KB]

   ...[2017] NZHC 376 at [93]. 6 Section 50. 7 Section 51(1). 8 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citation omitted). 9 Z v Dental Complaints Assessment Committee, above n 8, at [97], [101]–[102] & [112]. 6 (1) Failing to inform the complainant in a timely manner that an invitation had been issued and then failing to submit a residence application prior to the expiry of the invitation, thereby being negligent,...

10. BORA Criminal Cases Review Commission Bill [pdf, 139 KB]

    ...discrimination”. To the extent cl 40 is designed to address barriers to Māori making applications to the Commission, cl 40 does not involve discrimination on the basis of race. 5 Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [162]. 6 Clauses 31-33. 7 Clause 38. 8 Clause 37. 6 25. In accordance with Crown Law policy, this advice has been peer reviewed by Paul Rishworth QC, Senior Crown Counsel. Recommendation 26. We...