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1. LCRO 62/2017 & LCRO 63/2017 HC and RE v DL (9 January 2020) [pdf, 239 KB]

   ...whom the lawyer knows is represented by another lawyer in that matter except as authorised in this rule. 3 As you will be aware, or should be aware, an agreement for sale and purchase cannot be entered into without a Pre-Contract Disclosure Statement, not a draft, being given to the Purchaser pursuant to section 146(1) of the Unit Titles Act 2010 before the Purchaser enters into an Agreement for sale and Purchase. Pursuant to Section 145 of the Unit Titles Act 2010 the obligation c...

2. [2017] NZEnvC 037 Wellington Fish Game Council v Manawatu-Wanganui Regional Council [pdf, 3.7 MB]

   ...Management Act 1991 (RMA) for declarations that (in summary) in various respects the Manawatu-Wanganui Regional Council (the Council) has been failing to correctly apply statutory requirements and provisions of the Manawatu-Wanganui Regional Policy Statement and Regional Plan (One Plan) which has been operative since December 2014. In particular, the Applicants seek declarations that the provisions relating to restricted discretionary activities under Rules 14.2 and 14.4 of Chapter...

3. Non-discrimination standards for government guidelines [pdf, 392 KB]

   March 2002 The Non-Discrimination Standards for Government and the Public Sector Guidelines on how to apply the standards and who is covered 2 Table Of Contents INTRODUCTION....................................................................................................... 4 WHAT IS THE AIM OF THESE GUIDELINES?.................................................................. 4 WHO ARE THESE GUIDELINES FOR? ............................................................................

4. Pryazhnikov v New Zealand Police [2024] NZHRRT 49 [pdf, 471 KB]

   ...Would disclosure be likely to prejudice the maintenance of the law? [73] Section 27(1)(c) permits the withholding of personal information if disclosure would be likely to prejudice the maintenance of the law. That section reads: 27 Security, defence, international relations, etc (1) An agency may refuse to disclose any information requested pursuant to principle 6 if the disclosure of the information would be likely— … (c) to prejudice the maintenance of the law, including th...

5. CAC20006 v Spencer [2013] NZREADT 8 [pdf, 95 KB]

   ...or recklessly, in which case a finding of misconduct under s 72(c)(iii) would be appropriate. Breaches of the Rules that are not committed intentionally will nevertheless, automatically, amount to unsatisfactory conduct under s 72(b), subject to a defence of total absence of fault. [15] As we held in Evans v REAA and Orr [2012] NZREADT 67: “[51] A wilful or reckless breach of the Rules is misconduct under s.73(c)(iii). A breach of the Rules simpliciter is unsatisfactory conduct...

6. Cameron & Ors as Trustees of the Normac Trust v Stevenson [2010] NZWHT Auckland 39 [pdf, 186 KB]

   ...down to the apron flashings. These are not primary defects but only more minor ones contributing to the damage caused. If they had been the only defects they could have been remedied by targeted repairs. [62] The claimants in their amended statement of claim were not seeking a specific sum against Mr Chote. In their opening submissions they were seeking $55,066.23 being the value of the replacement plaster together with a contribution to the total remedial costs and the o...

7. PC8 Urban Common Bundle - Volume 2 [pdf, 7.6 MB]

   NATIONAL POLICY STATEMENT for Freshwater Management 2014 Updated August 2017 to incorporate amendments from the National Policy Statement for Freshwater Amendment Order 2017 CB0465 2 Contents Preamble 4 Review 6 Title

8. [2007] NZEmpC CC 28/07 B & D Doors Ltd v Hamilton [pdf, 77 KB]

   ...that Mr Hamilton’s demotion some 6 weeks earlier had been unjustifiable. There was no evidence when these proceedings were filed and it may be that the service of them that day was just a coincidence. [38] That day, Mr Foster obtained signed statements from Mr Fisher and Mr Columb. These were relatively brief but set out the essential aspects of what they had told Mr Foster about the incidents which were to be the subject of the disciplinary meeting with Mr Hamilton. [39] Late...

9. BORA Criminal Proceeds (Recovery) Bill [pdf, 437 KB]

   ...expression it constitutes a justified limitation on that right in terms of s 5 of the BORA. Self-incrimination 49. Section 23(4) of the BORA provides that every person who is detained under any enactment has the right to refrain from making any statement. However, clause 136 provides that no person is excused from answering any question, providing any information, producing any document, or providing any explanation on the ground that to do so would or might incriminate or tend to inc...

10. [2018] NZEnvC 080 NZ Heavy Haulage v South Taranaki District Council [pdf, 1.1 MB]

    ...any potential adverse effects of doing so. The Council concluded that requiring a resource consent for all building relocations was no longer appropriate because performance standards could manage issues relating to the condition, repair, and reinstatement work required for any given building. [2] In reaching that conclusion the Council did, of course, recognise that changing the activity status would no longer provide it with the ability to decline consent, even if the building to...