Search Results

1. FB v WBOPSC2 LCRO 184 / 2010 (26 August 2011) [pdf, 56 KB]

   ...needed in order to complete my review. Considerations 3 [10] In undertaking this review I am aware that the Practitioner was struck off the Roll of Solicitors and Barristers on [date] in relation to another matter. The Practitioner’s appeal of that decision was unsuccessful. The decision now under review preceded the above decision. However, as at the time of the review the Practitioner was no longer practising as a lawyer. [11] However, this is not a factor that sh...

2. GC v OSC LCRO 113 / 2011 (2 November 2011) [pdf, 84 KB]

   ...concerning GE. The Committee found that “this refusal was in all the circumstances capable of being considered a device to enable (the Practitioner) to take instructions from [GE] in relation to his (locally known to be more complex and lucrative appeal) matter instead.” [13] The Standards Committee was of the view that Practitioner‟s conduct was capable of reaching the threshold of „misconduct‟ under Section 7 (1)(a)(i) of the Act, and for this reason decided that the...

3. White v Rodney District Council [pdf, 84 KB]

   SUMMARY Case: White & Anor v Rodney District Council & Anor File No: TRI 2007-100-000064/ DBH 01814 Court: WHT Adjudicator: K Kilgour Date of Decision: 4 March 2009 Background This determination is based on a claim filed by the claimants filed against the Rodney District Council (Council) and Mr and Mrs Kerkins (Kerkins) as vendors and project managers/developers/head-contractors of the subject dwelling. However due to the passing away of Mr Kerkins, Mrs Kerkins

4. BORA Sex Offenders Registry Bill [pdf, 24 KB]

   ...6. Sex offenders liable to registration are defined in the Bill as those who: (i) On the day the Bill comes into force, are serving a sentence in respect of an offence under sections 128 to 144C of the Crimes Act (including individuals who are appealing their convictions) or are on parole or have been found not guilty of a sexual offence by reason of insanity and are still being held under the Mental Health (Compulsory Assessment and Treatment) Act 1992; and ii) On or after the date o...

5. BORA Misuse of Drugs Amendment Bill (No3) Supplementary Order Paper [pdf, 101 KB]

   ...We understand that the rationale for including provisions in the SOP that override the Bill of Rights Act is to avoid the risk that certain regulations or orders in council will be struck down as being ultra vires as a consequence of the Court of Appeal decision in Drew v Attorney General [2002] 1 NZLR 58. 15. However, we note the scope of section 49 of the SOP (see paragraph 8 above), and the range of factors the Minister must have regard to before making recommendations. We consider th...

6. Taipana - Taonui Ahuaturanga 3A2 Part (2017) 377 Aotea MB 282 (377 AOT 282) [pdf, 303 KB]

   ...applicant to meet the ownership criteria. 1 “Setting Apart Land as a Māori Reservation” (14 July 1983) 101 New Zealand Gazette 2163 at 2181 2 [2015] Māori Appellate Court MB 365 (2015 APPEAL 365) 377 Aotea MB 284 [33] Whatever process is adopted it is unnecessarily convoluted. It is highly unlikely in our view, that the drafters of the legislation had it in mind that beneficiaries of whānau trusts would be ineli...

7. Goldsmith - Lot 72B 3G2 Parish of Matata (2017) 175 Waiariki MB 99 (175 WAR 99) [pdf, 258 KB]

   ...and knowledge of the individual or body; and shall not appoint an individual or body unless it is satisfied that the appointment of that individual or body would be broadly acceptable to the beneficiaries.5 [8] In Clarke v Karaitiana the Court of Appeal determined:6 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of the individual concerned. In considering those issues, the Court will no...

8. Briefing for incoming Minister 2017 - Attorney-General [pdf, 1015 KB]

   ...hold jury warrants under the Criminal Procedure Act 2011. Employment Court – Employment Court judges are appointed under section 200 of the Employment Relations Act 2000. Environment Court – The Environment Court considers applications and appeals made under the Resource Management Act 1991. The Court consists of a mix of judges and Commissioners and appointments are made after consultation with the Minister for the Environment and the Minister of Māori Affairs. Immigration and...

9. Auckland Transport 156 [PDF, 64 KB]

   ...Court ENV-2017-AKL-000156 Auckland Registry Under the Local Government (Auckland Transitional Provisions) Act 2010 (the Act) and the Resource Management Act 1991 (the RMA) And in the matter of an application under section 274 of the RMA and an appeal under section 156(3) of the Act Between C N Barbour Family Trust Appellant and Auckland Council Respondent and Auckland Transport Section 274 Party Notice of Auckland Transport’s wish to be party to proc...

10. Auckland Transport 232 [PDF, 64 KB]

    ...Court ENV -2016-AKL-000232 Auckland Registry Under the Local Government (Auckland Transitional Provisions) Act 2010 (the Act) and the Resource Management Act 1991 (the RMA) And in the matter of an application under Section 274 of the RMA and an appeal under section 156(3) of the Act Between Bunnings Limited Appellant and Auckland Council Respondent and Auckland Transport Section 274 party Notice of Auckland Transport’s wish to be party to proceeding...