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1. Hallett v Te Moana - Estate of Sheryl Marie Te Moana (2019) 399 Aotea MB 138 (399 AOT 138) [pdf, 297 KB]

   ...succeed to Ms Te Moana on intestacy would be her siblings, given she did not have children. [15] However, as foreshadowed, the position of Ms Hallett must also be considered in the context of s 116 of the Act and the provisions of the Family Protection Act 1955. Is Ms Hallett entitled to an order per s 116 of the Act? [16] Section 116 of the Act provides: 116 Court may make special provision relating to income (1) Subject to subsection (2), in the exercise of its powers under...

2. BP v YF LCRO 142 / 2010 (24 March 2011) [pdf, 98 KB]

   ...estimates. Rule 9.4 of the Client Care Rules obliges a lawyer to provide an estimate of fees if required, and to inform the client promptly if it becomes apparent that the fee estimate is likely to be exceeded. This rule reflects the consumer protection objectives of the Act as set out in s3(b). If the requirement to provide estimates is not reinforced by a requirement to have care when doing so, and an obligation to adhere to them as closely as possible (unless circumstances deve...

3. [2012] NZEmpC 97 Doran v Crest Commercial Cleaning Ltd [pdf, 224 KB]

   ...Kiely and Mere King, counsel for the defendant Judgment: 21 June 2012 JUDGMENT OF THE FULL COURT [1] Part 6A of the Employment Relations Act 2000 (the Act) came into force on 1 December 2004 1 . Its stated object 2 is to “provide protection to specified categories of employees if, as a result of a proposed restructuring, their work is to be performed by another person”. To this end, Part 6A gives “the employees a right to elect to transfer to the other person as...

4. AQ v Mudaliar [2015] NZIACDT 93 (16 October 2015) [pdf, 132 KB]

   ...standards of conduct are maintained in the occupation concerned. [8] When imposing sanctions, those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [8.1] Protecting the public: Section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [8.2] Demanding minimum standards of conduct: Dentice v Valuers Registratio...

5. BORA Justices of the Peace Amendment Bill [pdf, 300 KB]

   ...sensitivity to the place of the particular Court or Judicial Officer within the judicial hierarchy. For example, the South African Constitutional Court observed in Van Rooyen v State:[1] "In deciding whether a particular Court lacks the institutional protection that it requires to function independently and impartially, it is relevant to have regard to the core protection given to all Courts by our constitution, to the particular functions that such a Court performs and to its pl...

6. BORA Oaths Modernisation Bill [pdf, 290 KB]

   ...alternative administrative ceremony which the witness considers binding. In particular, the presence of the option of swearing an oath on the Bible was challenged on the basis that it infringed the right to freedom of religion, conscience and belief protected by s 2(a) of the Charter of Rights and Freedoms. 14. The Court held that the inclusiveness of the legislation (i.e. the availability of affirmation or other ceremonies to bind the witness): "…need to be seen as an attempt...

7. LCRO 101/2016 PL v OH (29 November 2018) [pdf, 92 KB]

   ...valid, [Ms OH] was attempting to obtain an additional $37,050 over the original purchase price for her client by issuing a document – being the settlement statement – knowing it to be incorrect. [14] She did not consider her lawyer could have protected her “from something [she] had no knowledge of due to the serious misconduct and deception by Ms OH”. [15] Mrs PL did not agree that Ms OH had no duty to her. She “believes Ms OH, as a member of the Law Society, has fundamental...

8. Complaints Assessment Committee 412 v Singh [2019] NZREADT 004 [pdf, 187 KB]

   ...transaction. … (3) The licensee must make the disclosure required by subsection (1) before or at the time that the licensee provides the prospective party with any contractual documents that relate to the transaction. [10] The purpose of s 136 is to protect vendors and prospective purchasers by providing for transparency in a real estate transaction. Parties to a transaction are entitled to be aware of the identity of those they are dealing with, so that they may be assisted...

9. [2017] NZEnvC 088 Save Wanaka Lakefront Reserve Inc v Queenstown District Council [pdf, 12 MB]

   ...rusting product) and a softer textured mid-section featuring three-dimensional curving and an undulating cedar batten rain screen (likened to a "quilted eiderdown"). The finish would use recessive colouring. The cedar would be given a protective oil coating and left to naturally weather. Roofing and joinery would be in 'ironsand' coated steel. These measures are taken in order to reflect the colours in Wanaka's wider landscape.? [9] The proposal includes a pu...

10. [2017] NZEnvC 088 Save Wanaka Lakefront Reserve Inc v Queenstown District Council [pdf, 12 MB]

    ...rusting product) and a softer textured mid-section featuring three-dimensional curving and an undulating cedar batten rain screen (likened to a "quilted eiderdown"). The finish would use recessive colouring. The cedar would be given a protective oil coating and left to naturally weather. Roofing and joinery would be in 'ironsand' coated steel. These measures are taken in order to reflect the colours in Wanaka's wider landscape.? [9] The proposal includes a pu...