Search Results

1. [2006] NZEmpC AC 54/06 Yuan Cheng International Investment Group Ltd v Buer [pdf, 92 KB]

   ...addressed the decision of Pearce v Attorney-General in respect of the Department of Labour [2005] 1 ERNZ 731. That was a case where the full Court of the Employment Court considered the effect of an amendment to the Parental Leave and Employment Protection Act 1987 on the interpretation of the original section. The Court accepted there were three possibilities that can be gained from the authorities: • The original legislation was ambiguous and therefore the amending legislatio...

2. Auckland Standards Committee 1 v Fendall [2018] NZLCDT 26 [pdf, 349 KB]

   ...defined in s 241(c)?3 5. If not, did unsatisfactory conduct occur? Background [5] Ms Fendall is a practitioner of many years’ experience who has primarily specialised in representing young people in the Youth Court. [6] Having taken out income protection insurance in 2002, she made her first claim under the policy in September 2009. Her claim was accepted because she was suffering from depression. [7] This was the first claim period of two periods which are under consideratio...

3. LCRO 121/2023 AI v HR (12 December 2023) [pdf, 218 KB]

   ...require their lawyers to obtain valuations of, or to advise them about the values of, the relationship property. 1 Separation and Relationship Property Agreement (6 March 2018) (the agreement). 3 [13] The agreement contained a further lawyer protection clause which read as follows: The parties hereby acknowledge and agree that in executing this Agreement they have not relied on the other parties (sic) legal advisers and they hereby cross indemnify the other party’s legal advis...

4. 25072025-Electoral-Amendment-Bill [pdf, 581 KB]

   ...influencing a person’s choice whether to vote or not, for example. Treating and undue influence 50. The proposed amendments to the offences of treating and undue influence appear consistent with the NZBORA.52 Either the proposals are consistent with protected rights such as s 12, by positively upholding the integrity of the electoral system, or to the extent that they impose limits on protected rights, those limits are justified given (i) the important goal of preserving electoral int...

5. 2021-07-07 ORC - Closing Submissions [pdf, 422 KB]

   ...Court’s decision in EDS v King Salmon remains the leading authority for interpreting superior planning documents:7 [129] When dealing with a plan change application, the decision-maker must first identify those policies that are relevant, paying careful attention to the way in which they are expressed. Those expressed in more directive terms will carry greater weight than those expressed in less directive terms. Moreover, it may be that a policy is stated in such directive terms...

6. Chand v Devi [2016] NZIACDT 4 (14 January 2016) [pdf, 134 KB]

   ...standards of conduct are maintained in the occupation concerned.” [7] When imposing sanctions those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [7.1] 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 ...” [7.2] Demanding minimum standards of conduct: Dentice v Valuers Registrat...

7. Threshold REAA CAC 20005 v Drever [2014] NZREADT 41 [pdf, 36 KB]

   ...us for an order under s.115 of the Act to suspend the defendant’s licence pending the outcome of the 2 hearing of the said charge on the grounds that is necessary or desirable having regard to the interests of the public including: 1. Protection of the public in light of the serious nature of the charge, namely: (a) Obtaining payment of vendor client funds into his personal bank account when he knew this money was rightly the property of Hedgman Real Estate Ltd (the agency)...

8. LG v Hakaoro [2013] NZIACDT 32 (27 May 2013) [pdf, 94 KB]

   ...costs and expenses [33] The Authority has not sought the payment of costs and expenses, accordingly no order will be made in that regard. Publication [34] It is necessary and appropriate that this decision is published. It is important for the protection of the public. [35] Mr Hakaoro has sought to defer publication until he has the opportunity to lodge an appeal. However, there are no rights of appeal against the decision upholding the complaint, only the penalty (ZW v Immigration...

9. E60 Bob Hawkins - Nautical - EIC - Sealink [pdf, 711 KB]

   ...phase and development of the construction methodologies and enabling works to be undertaken in Hamer Street to ensure the potential effects on trees and the number of tree removals required are minimised. (b) Condition 125A: All reasonable care shall be taken during the works to ensure that the trees within Hamer Street that are growing outside the project area are retained in a safe and healthy condition. Only in instances where the Appointed Arborist (taking into consideration...

10. Canterbury Westland Standards Committee v Woulfe [2017] NZLCDT 5 [pdf, 122 KB]

    ...affairs to legal practitioners are entitled to know that a professional disciplinary body will not treat lightly serious breaches of expected standards by a member of the profession.” [26] It was urged upon us by both opposing counsel that the protection of the public was not a significant factor in this case because Mr Woulfe is no longer practising. As to that Daniels had this to say:2 “It will not always follow that a practitioner by disposing of his practice and undertaking...