Search Results

1. AE v Decision to prosecute LCRO 93/2013 & 338/2013 (11 March 2014) [pdf, 134 KB]

   ...decisions to refer matters to the Tribunal. The Court said that:14 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 prevent it from being overwhelmed by petty or trivial cases. [29] Mr [EF] (for Mr AE) argued that it was therefore the role of this Office to apply a de facto threshold test. I do not agree...

2. Hall v Opepe Farm Trust (2010) 19 Waiariki MB 258 (19 WAR 258) [pdf, 442 KB]

   ...not actively oppose the investment and nor did they have their opposition recorded as per s 227 of the Act. They had every opportunity before Judge Savage to express their opposition but did not do so. It is trite law that in the absence of the protections of s 227, trustees are joint and severally liable for decisions made by the trust. The approval sought from Judge Savage for the trustees to have the power to enter into the venture was given on 19 May 2002, six months after th...

3. BORA Arts Council of New Zealand Toi Aotearoa Bill [pdf, 298 KB]

   ...and • there is a rational and proportionate connection between the provision and that objective. Significant and Important Objective In making it a purpose of the Board to recognise Maori and Pacific arts, cl 3 of the Bill seeks to preserve, protect and promote Māori and Pacific arts and culture. Maori arts and culture are a unique and distinctive part of New Zealand’s culture and international cultural image. Clause 3 therefore reflects the Crown’s obligations under the Tre...

4. Greaterex v Preston [pdf, 52 KB]

   ...$8,866.00 General damages $30,000.00 Summary of Decision The Tribunal was satisfied that Mr Tim Preston was the builder of the house and responsible in large measure for the significant defects in construction. Mr Preston’s duty of care as a builder was to ensure that proper skill and care was taken in the construction of the house and there was ample evidence concluding that Mr Preston breached that duty of care and that this has been the principal cause of the defects. T...

5. LCRO 53/2021 ST on behalf of the Executors of the Estate of KK v QM, WP, RS and DJ of ABC Law Limited (9 March 2022) [pdf, 274 KB]

   ...not adhered to.30 4. [ABC] had included time in invoice 78972 which had been written off. 5. Mr ST provides a judgment of the High Court,31 in which the Court held that failure to comply with the rules is negligence. The rules are for the protection of contributors and it is not for a practitioner to decide that the rules not be complied with. 6. The offer made by [ABC] to pay Mrs KK’s estate the sum of $2,500 to compensate for the payment to the council, was made on the basi...

6. 02.-Evidence-of-Ms-Dianne-Rump-Muaupoko-Tribal-Authority64019775.1.PDF [PDF, 321 KB]

   ...representing Muaūpoko as a Te Tiriti o Waitangi partner and as the holder of Muaūpoko fisheries quota. Separate, and secondary, to that role, MTA is an Ō2NL Project Partner. And finally MTA is a submitter and section 274 party in order to protect our interests through the Resource Management Act 1991 (RMA) process and provide for our rangatiratanga in our own right. 5. As a Project Partner, MTA has worked closely with Waka Kotahi and Ngāti Raukawa ki te Tonga Hapū on the...

7. [2022] NZEnvC 203 Hadley v Waterfall Park Developments Limited [pdf, 203 KB]

   ...aware of QLDC’s position until 31 July 2020, thus considers it unfair that it pay for costs incurred prior to that date. [11] WPDL refutes the Hadleys’ submission that Bielby factors are present because the court would not have undertaken a careful legal analysis of the relevant objectives and policies to determine how the relevant rules were applied if this were the case. Moreover, WPDL submits thar Mr Meehan’s evidence reflects the ‘real world’ view that one purpose...

8. Summit resources [pdf, 1.9 MB]

   ...• Me pēhea tā mātau whakakaha i te whanaungatanga me te hononga mō te hunga kua motukia ngā taura here mai i tō rātau iwi, hapū, whānau hoki? 1 hospitality, kindness, generosity, support - the process of showing respect, generosity and care for others. 2 process of establishing relationships, relating well to others. Mā koutou o tēnei tēpu e whiriwhiri ngā pātai kei raro nei. Me wātea koutou ki te whakarāpopoto me te whakaatu i ā koutou kōrero ki ētahi atu. What...

9. IPT Annual Report 2024 [pdf, 484 KB]

   Immigration and Protection Tribunal Annual Report 2023/24 Judge Martin Treadwell Chair 18 December 2024 2 Introduction The Immigration and Protection Tribunal was established under section 217 of the Immigration Act 2009 (the Act). Section 224A of the Act requires the Chair of the Tribunal to provide an annual report to the Minister of Justice, the...

10. NQE v Tan [2013] NZIACDT 46 (01 August 2013) [pdf, 131 KB]

    ...neither insight, nor a determination to rehabilitate herself. [46] I am accordingly satisfied alternative disciplinary sanctions would not be sufficient to cause Ms Tan to accept and maintain professional standards. The public will only be adequately protected, and the objectives of the Act achieved, by cancelling her licence. [47] I have considered whether allowing Ms Tan to hold a provisional licence, after establishing a regime of appropriate supervision, is an option. I am satisfi...