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1. 2021-10-27 ORC - PC8 - Common Bundle - Volume 3(b) [pdf, 13 MB]

   The Cry of the People Te Tangi a Tauira Ngāi Tahu ki Murihiku Natural Resource and Environmental Iwi Management Plan 2008 CB1626 Photo credits for artwork (previous page) Main Photo Source: Venture Southland Kererū (wood pigeon, Hemiphaga novaeseelandiae) Source: Venture Southland Faces Sourced through: SXC Imagery The Kererū is a quiet, humble yet noble bird. Kererū eat the berries of the trees and spread the seeds throughout the land. May the message be spread through

2. Mayfair Street Units v Spargo [pdf, 323 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2009-101-15 and 18 BETWEEN DAVID ALFRED FRANKLIN and DIANE HOLROYD FRANKLIN – Claimants in TRI 2009- 101-15 AND NGAIRE ANN SHERWIN and HTT 2003 LIMITED AS TRUSTEES OF THE KEREOPA WHANAU TRUST– Claimants in TRI 2009-101-18 – known as MAYFAIR STREET UNITS Claimants AND LYNN and MERLYN SPARGO First Respondents AND NORFOLK HOMES LIMITED Second Respondent AND LINDSAY MACK Third Respondent AND GIANNE MARCHE

3. Livingstone v Animal Health Board — Lake Rotoaira Forest Lands (2009) 245 Aotea MB 124 (245 AOT 124) [pdf, 133 KB]

   ...been dealing with the issue appropriately and as a consequence, a review of trust has been sought along with an inquiry in accordance with section 238 of Te Ture Whenua Māori Act 1993. More importantly, the trust order refers to conserving and protecting fish and wildlife habitat and other natural resources. It also refers to the protection of historic and sacred places. By dumping 1080 on the important sites of the iwi and hapū, the Board are committing desecration of ancestors;...

4. [2020] NZREADT 20 - AJS Rental Ltd - penalty (1 May 2020) [pdf, 165 KB]

   ...submitted for AJS that its conduct in failing to provide monthly reconciliations within the prescribed period must be regarded as mistakes, albeit mistakes which have been found to be reckless (but not wilful). She submitted that AJS has been working carefully with the Public Trust to ensure that it never makes such mistakes again. [18] Ms Hwang acknowledged that this is not the first charge AJS has faced, but submitted that its prior failure did not involve any ill-intention or de...

5. [2020] NZEmpC 165 Culturesafe NZ Ltd v Turuki Healthcare Services Charitable Trust [pdf, 294 KB]

   ...The claim amounts to a claim to obtain a right to a defamation action without a defence. (c) The disputed correspondence attracted qualified privilege. (d) The plaintiffs were entitled to correspond with Ministers by virtue of the Protected Disclosures Act 2000. (e) The New Zealand Bill of Rights Act 1990 (NZBORA) protected their correspondence. (f) The Authority Member should have considered recusing himself after CultureSafe made complaints about him. [48] I...

6. LCRO 8/2022 QQ v LW (8 October 2024) [pdf, 227 KB]

   ...Mr FM was not prejudiced in any way. That must necessarily be a subjective assessment and, whether or not it is correct, does not alter the fact that Mr QQ interfered with the relationship between Mr LW and his client. [127] The community must be protected from interference in the relationship between a client and his or her lawyer of choice and the profession must be protected from interference by another lawyer in that relationship. [128] I am firmly of the view that it is in the int...

7. [2011] NZEmpC 137 Service and Food Workers Union Nga Ringa Tota Inc v PACT Group Charitable Trust [pdf, 61 KB]

   ...a “welfare institution” and of a “prison”. A residential welfare institution is arguably for the purpose, or at least the predominant purpose, of the welfare of its residents, whereas a prison is, or is at least predominantly, for the protection of the community and the punishment and rehabilitation of offenders. [9] Although the defendant seeks to rely in its argument that it does not operate residential care facilities upon a determination of the Employment Relations Au...

8. [2017] NZEnvC 172 Motiti Rohe Moana Trust v Bay of Plenty Regional Council [pdf, 185 KB]

   ...MOANA TRUST (ENV-2015-AKL-000134) Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent Judges JA Smith and DA Kirkpatrick At Auckland on 18 October 2017 Mr R Enright for Motiti Rohe Moana Trust, and as agent for Royal Forest & Bird Protection Society of New Zealand Inc Ms A Neems for Ngati Makino Heritage Trust, Ngati Ranginui Iwi Incorporated Society Ms M Hill for Bay of Plenty Regional Council Mr J Prebble and Mr N Anderson for the Attorney-General Ms K Jordan for Carru...

9. BORA Motor Vehicle Sales Amendment Bill [pdf, 377 KB]

   ...4. The penalty for this offence, prescribed in section 118 of the Act, is $50,000 for an individual and $200,000 for a body corporate. 5. We have considered whether this clause is a prima facie breach of section 9 of the Bill of Rights Act, which protects the right not to be subjected to disproportionately severe punishment. We note that the penalty is high for an offence which we consider is regulatory in nature. We further note that, while other sections in the Motor Vehicle Sales Act a...

10. National Standards Committee 1 v Peters [2020] NZLCDT 34 (27 October 2020) [pdf, 86 KB]

    ...appropriate to recognise the professional breach. 6 Orders 1. There will be a censure of the practitioner in the following terms. Censure Mr Peters, as you are now acutely aware, you have breached a fundamental duty of lawyers to “protect and hold in strict confidence all information concerning a client”. Members of the public must be able to speak with their lawyers with complete confidence and trust that their communications and presentation will remain private....