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1. KIT v Zhu [2019] NZIACDT 34 (20 May 2019) [pdf, 176 KB]

   ...[25] However, it was accepted by Mr Zhu that he neglected to have a signed contract with the complainant. Nor did he provide the Code of Conduct 2014 (the Code) to the complainant. He also admitted not checking the interim visa issue with due care. He further acknowledged that his file notes were not complete, which was a vital mistake to make. [26] Mr Zhu set out in his letter to the Authority his proposed remedial action. This included asking all 16 staff, apart from the thr...

2. [2021] NZIACDT 13 - TI v Malcolm (8 June 2021) [pdf, 220 KB]

   ...There was no response from Mr Malcolm. Complaint referred to Tribunal [23] The Registrar referred the complaint to the Tribunal on 20 April 2021. It alleges the following against Mr Malcolm: (1) negligence, or alternatively a lack of due care in breach of cl 1 of the Code, by – (a) failing to lodge the application in time; (b) failing to lodge the application online; (c) failing to inform the complainant of Immigration New Zealand’s letter of 23 October 2020; (d) fai...

3. [2021] NZEnvC 017 Director General of Conservation v Whangarei District Council [pdf, 5 MB]

   ...Schedule 1, clause 14(1) (a – d)? 10 (c) Did the appellant refer to the provisions or rules? [39] In Option 5 Inc v Marlborough District Council4 “provision or matter should be given a limited interpretation” and in Royal Forest & Bird Protection Society v Southland District Council5 this includes whether “fairly and reasonably raised”. The Court is to look at the whole relief package.6 [40] More recently, holistic approaches to resolution have been endorsed by...

4. Pinnock & Ors as Trustees of the Pinnock Trust v Auckland City Council [2011] NZWHT Auckland 28 [pdf, 373 KB]

   ............................................................................................. 34 WHAT WERE THE RESPECTIVE ROLES OF MR COLE AND MR RAWSON? .......................................................................................................................... 38 DO MR RAWSON AND MR COLE OWE THE CLAIMANTS A DUTY OF CARE? .......................................................................................................................... 41 Roy Rawson ........................

5. [2019] NZEnvC 136 Federated Farmers of New Zealand Incorporated v Bay of Plenty Regional Council [pdf, 9.5 MB]

   ...the Act that are particularly relevant to our decision on the most appropriate nitrogen allocation method to be used in PC10. (a) Section 6 - Matters of national importance (a) the preservation of the natural character of ... lakes ... and the protection of them from inappropriate ... use ... (e) the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga (b) Section 7 - Other matters (a) kaitiakitanga; (aa)...

6. BORA New Zealand Superannuation and Retirement Income Amendment Bill [pdf, 190 KB]

   ...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions....

7. BORA Shop Trading Hours Amendment Bill [pdf, 203 KB]

   ...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions....

8. BORA Taxation (Transformation: First Phase Simplification and Other Measures) Bill [pdf, 188 KB]

   ...government services by providing that Inland Revenue employees are deemed to have not broken the law if they inadvertently disclose tax-secret information to a co-located employee of another government agency who has signed a secrecy certificate e. Protect minors incorrectly enrolled in KiwiSaver by providing processes for them to exit the KiwiSaver scheme and have their contributions returned to them. 3. We have concluded that the Bill appears to be consistent with the rights and freedo...

9. BORA Southland District Council (Stewart Island/Rakiura Visitor Levy) Empowering Bill [pdf, 191 KB]

   ...scheduled for Wednesday, 2 June 2010. 2. The Bill proposes a levy on visitors to Stewart Island/Rakiura to meet the infrastructure costs attributable to visitors. 3. We have considered whether the Bill infringes the right to freedom of movement protected in s 18(1) of the Bill of Rights Act. In our opinion the charge of a levy to visit Stewart Island/Rakiura does not raise a prima facie issue of inconsistency with s 18(1). 4. The Bill empowers the Southland District Council to pass...

10. BORA Geographical Indications (Wine and Spirits) Registration Bill [pdf, 177 KB]

    ...understand that the Bill will be considered by the Cabinet Legislation Committee at its meeting on Thursday, 9 June 2005. 2. The Bill repeals and replaces the Geographical Indications Act 1994 (the “Act”), which was passed to provide the requisite protection under the Trade- Related Aspects of Intellectual Property Rights (the TRIPS Agreement) for geographical indications for wines and spirits. However, this Act was never brought into force because it was premised on the establis...