Search Results

1. Dunstable v Leighton LCRO 73 / 2009 (14 July 2009) [pdf, 16 KB]

   ...it objectionable that on the one hand Mr Leighton refuses to pay the invoices personally, and on the other hand refuses to pay the invoices from the funds of Mr X he holds. The obligations of a lawyer holding funds on trust are strict. Section 110(1)(b) of the Lawyers and Conveyancers Act provides that a lawyer who holds money on trust must “hold the money, or ensure that the money is held, exclusively for that person, to be paid to that person or as that person directs”. In lig...

2. BORA Health and Safety Reform Bill [pdf, 291 KB]

   ...reversed for two strict liability offences designed to protect workers who participate in the Bill’s workplace health and safety system from adverse actions. Clause 112 makes it unlawful for a PCBU to engage in “adverse conduct” (defined in cl 110) against workers for “prohibited health and safety reasons” (defined in cl 111 - for example, because the worker undertakes a health and safety role), but only if the prohibited health and safety reason was the dominant reason for the...

3. BORA National Animal Identification and Tracing Amendment Bill [pdf, 203 KB]

   ...the balance of probabilities to escape liability. 17. We consider this limitation is justified for the reasons set out in our 2010 advice in relation to the existing strict liability offence: 4 See s 110 of the Search and Surveillance Act 2012. 5 Ibid at [162] per Blanchard J. 6 See cl 7, new s 31(1) of the principal Act, and cl 8(4), new cl 82(2)(b) of Sch 2 of the principal Act. a. the scheme set up under the principal Act has the...

4. 20240228-Corrections-Victim-Protection-Amendment-Bill-BORA.pdf [pdf, 184 KB]

   ...Corrections to report on the way the chief executive has carried out these functions and prison managers have undertaken their functions in its annual report under s 43 of the Public Finance Act 1989. Existing powers under the Act 4. Sections 103A – 110C of the Act regulate Corrections’ powers to open, read, and withhold inbound and outbound prisoner mail. a. Section 104 of the Act sets out the general considerations that all Corrections staff must consider when dealing with p...

5. Youth Justice Indicators 2019 August Workbook [xlsx, 14 MB]

   ...European/Other 1,637 1,408 1,215 1,035 885 713 677 601 532 161,692 161,116 158,243 155,885 153,577 152,764 154,619 158,831 163,997 101 87 77 66 58 47 44 38 32 -57 -26 -68 Unknown 139 150 161 160 152 166 183 265 297 Non-Māori 2,008 1,700 1,476 1,246 1,082 868 882 722 644 184,110 183,780 181,140 179,120 177,090 176,230 178,400 183,070 189,130 109 93 81 70 61 49 49 39 34 -55 -31 -69 Total 5,012 4,470 4,059 3,501 3,034 2,609 2,617 2,269 2,330 241,370 241,820 238,890 236,790 233,950 232,640 235...

6. Tito - Mangakahia 2B2 - No 2A1A [2011] Māori Appellate Court MB 86 (2011 APPEAL 86) [pdf, 161 KB]

   ...critical limitation to these powers in relation to the appointment of trustees, as outlined in the express provisions of section 222. 15 13 Niao v Niao (2002) 10 Waiariki Appellate MB 100 (10 AP 110). 14 The Proprietors of Mangakino Township v The Maori Land Court (CA65/99, 16 June 1999, Wellington). 15 Niao v Niao (2002) 10 Waiariki Appellate MB 100 (10 AP 110). 2011 Maori Appellate Court MB 95 [34] Niao v Niao dealt...

7. Annual report IPT 2016/2017 [pdf, 768 KB]

   ...APPEALS Chart F.1 Case Load Data by Financial Year Year ending Appeals on hand at start of year New appeals Withdrawn or invalid Decisions released Appeals finalised Appeals on hand at end of year June 2011 524 642 110 350 460 706 June 2012 706 1,399 280 681 961 1,144 June 2013 1,144 1,263 243 886 1,129 1,278 June 2014 1,278 1,261 287 1,179 1,466 1,073 June 2015 1,073 1,349 309 1,203 1,512 910 June 2016 910 1,193 210 1,274 1,484 619 June 2017...

8. CAC 409 v Brady [2019] NZREADT 21 (23 May 2019) [pdf, 219 KB]

   ...for the Committee and Mr Brady advised the Tribunal that they had reached a proposed resolution of the charge against Mr Brady. Counsel provided the Tribunal with an agreed summary of facts, and invited the Tribunal to exercise its power under s 110(4) of the Act to find Mr Brady guilty of unsatisfactory conduct under s 72 of the Act, on the basis of the summary of facts. [4] The Tribunal is now required to determine whether Mr Brady should be found guilty of misconduct, as origina...

9. Director of Proceedings v Hurst [2019] NZHRRT 27 [pdf, 329 KB]

   ...Gynaecologists Intrapartum Fetal Surveillance Clinical Guideline (Third Edition, 2014) (“RANZCOG Guidelines”) state that a normal CTG is associated with a low probability of fetal compromise, and has the following features: • Baseline rate of 110 – 160bpm; • Baseline variability of 6 – 25bpm; • Accelerations of 15bpm for 15 seconds; and • No declarations. 11 The cervix had thinned out in preparation for birth....

10. [2024] NZREADT 25 - CAC 2107 v RCG Reality Ltd (29 July 2024) [pdf, 265 KB]

    ...above was in breach of s 73(b) of the Act and find RCG guilty of misconduct under s 73(b) of the Act. PENALTY JURISDICTION AND PRINCIPLES [27] The Tribunal’s jurisdiction to impose penalty orders if misconduct is proven is set out in the Act: 110 Determination of charges and orders that may be made if charge proved (1) If the Disciplinary Tribunal, after hearing any charge against a licensee, is satisfied that it has been proved on the balance of probabilities that the licensee...