Search Results

1. [2014] NZEmpC 63 Bracewell v Richmond Services Ltd [pdf, 81 KB]

   ...registration forms held by those parties to enable the plaintiffs to contact the donors. Among the grounds of objection by this discovery by the non-party were that production of the documents was not necessary and the information contained in them was protected by medical privilege, privacy, and public interest. [21] The High Court found that there was no medical privilege because the non- party was not in a doctor-patient relationship with the donors.

2. Penalty REAA CAC 20004 v Lindsay [2014] NZREADT 35 [pdf, 39 KB]

   ...consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work.” [24] Counsel identified the intention of penalty orders, as the maintenance of professional standards and protection of the public but put it that penalties should not be applied with the purpose of punishing a licensee. In Z v Dental Complaints Assessment Committee [2009] 1 NZLR 1 (SC), at [97], McGrath J stated: “It is well established...

3. BORA Parliamentary Privilege Bill [pdf, 315 KB]

   ...limit is justified by the need for Parliament to discharge its fundamental democratic responsibilities. 2.2.2Second, the Bill confirms the power of the House of Representatives to fine for contempt. Such fines are not susceptible to the procedural protections for criminal charges affirmed by s 25 of the Act or to judicial review under s 27(2). We conclude, however, that the limitation on those rights is a necessary incident of the discharge by Parliament of its responsibilities and of...

4. SG v [City] SC LCRO 250/2013 (6 March 2015) [pdf, 52 KB]

   ...identify the dormant balances and for him to ensure that they were dealt with or reported on”. 14 [19] The purposes of the Lawyers and Conveyancers Act include the maintenance of public confidence in the provision of legal services and the protection of consumers of legal services. 15 [20] Mr JR has noted the comment by Mr MT that his report was only made available to the Standards Committee because of the issues relating to the FTRA. Mr MT has noted that he would not othe...

5. Gangs-Legislation-Amendment-Bill.pdf [pdf, 692 KB]

   ...be required to immediately leave the public area and not associate with one another in person for seven days; 26.7 dispersal notices will not apply to immediate family members and those engaging in legal activities like work, education, or healthcare; 26.8 a mechanism will be included to provide for specific exceptions for other lawful activities such as to enable attendance at a funeral or tangi; 26.9 a general exemption to the requirements of the notice apply when a subject of the...

6. Fish & Game - EiC - J W Hayes - Ecological Flow (5 Feb 2021) [pdf, 1.6 MB]

   ...29 “Safeguard”, “protect” and “maintain”, without qualification, by definition, assume a binary or threshold relationship between an ecological response and the physical environment. For example, safeguarding literally means “protecting” or “keeping safe from harm”; it implies an element of “precaution”. And from an ecological perspective it could be argued that “life-supporting capacity” refers to the capacity of a water body to support life in all i...

7. ENVC Hearing 6Oct14 DM expert Robert Greenway [pdf, 2.7 MB]

   ...headland north of Matiatia Bay, and the esplanade reserve on the south side of Matiatia Bay (in blue). 31. I have marked with a red cross on the insert map in Attachment 3 a parcel of land in Matiatia Bay owned by the Royal Forest & Bird Protection Society of NZ (Atawhai-Whenua Reserve). This abuts the esplanade reserve, providing public access to the Society’s restoration project. The Atawhai-Whenua Reserve has three tracks running the length of it and adjoining the Hooks B...

8. [2017] NZEmpC 143 Sawyer v Victoria University [pdf, 164 KB]

   ...of within 14 days of 1 November 2017” and that would impede her seeking relief in her challenge to the determination. In the same passage she said that the determination is impracticable because she was about to leave Wellington for Dunedin to care for her daughter who is to have surgery. I have inferred from this latter statement that she considers her personal circumstances justify urgency being granted. [14] When I discussed this application with Dr Sawyer’s counsel, Mr Smit...

9. Auckland Standards Committee 1 v Tregenza [2016] NZLCDT 31 [pdf, 132 KB]

   ...(b) She self-reported and promptly acknowledged her error and apologised for it. (c) She addressed the Tribunal and has shown genuine remorse. (d) She is of good character and is unlikely to offend again. (e) There is no element that requires protection of the public as was acknowledged by counsel for the applicant. (f) She is a valuable member of the profession as is evidenced by the references provided by her peers who were made fully aware of the charges and the particulars....

10. Burnett v Real Estate Agent Authority (CAC 404) & Soo [2017] NZREADT 2 [pdf, 82 KB]

    ...of fine or whether a fine was appropriate in all the circumstances. But that is not the basis on which we must approach this appeal. The Tribunal must consider it in the much narrower way laid down by the Court of Appeal in May and May. Having carefully listened to Mr Burnett’s submissions, read his written submissions and the evidence we do not find that the Complaints Assessment Committee made an error of principle, considered irrelevant matters, failed to consider relevant mat...