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1. Canterbury Westland Standards Committee 2 v Withers [2013] NZLCDT 54 [pdf, 242 KB]

   ...and dishonesty, and that he had little awareness of his professional obligations. [7] All of these matters, the Committee said, meant that the only appropriate penalty was an order striking Mr Withers’ name from the roll, to ensure public protection and to demonstrate a proper response to his wrongdoing. Position of Mr Withers [8] For Mr Withers, it was submitted that striking off was not the appropriate penalty in this case. The Tribunal was asked to balance factors w...

2. COVID-19 Alert Level 4 in the District Court data summary [pdf, 439 KB]

   During Alert Level 4 of COVID-191 the justice system, including the courts, was an essential service. The District Court continued to operate to deal with priority proceedings, including those affecting the liberty of the individual; protection of the at-risk or vulnerable (including children); national and community safety; and facilitating and promoting public order. In the criminal jurisdiction, defendants in custody appeared before a Judge either remotely or in person. Othe...

3. Lewis & Anor as Trustees of the Warren and Bronwyn Lewis Family Trust v Auckland City Council [pdf, 115 KB]

   ...all Respondents who wanted to, and I, could have re-inspected the dwelling before the commencement of the repair work and whilst the cladding was being removed, or once it was removed. I think it would have been particularly helpful to look carefully at the dwelling again, before repair work started, so that the issue of the cracking of the plaster could have been revisited in a practical way. Indeed, that was primarily what I was hoping to achieve. Instead, I was presented with...

4. Regulatory Impact Statement Tribunal Enhancements [pdf, 257 KB]

   ...to strike out an application or appeal   o speeding up decisions on minor matters through the  inclusion of the power  to  consider matters on the papers, if appropriate   o ensuring  sensitive  information  is  suitably protected –  through  the  inclusion of  suppression order powers and offence/penalties.     Tribunal specific improvements – to:  o provide for open and transparent motor vehicle disputes hearings  in the...

5. Regulatory Impact Statement: Unilateral cancellation of voluntary time payment arrangements for unpaid fines [pdf, 733 KB]

   ...wide spread inclusion of the power to strike out an application or appeal o speeding up decisions on minor matters through the inclusion of the power to consider matters on the papers, if appropriate o ensuring sensitive information is suitably protected – through the inclusion of suppression order powers and offence/penalties.  Tribunal specific improvements – to: o provide for open and transparent motor vehicle disputes hearings in the Motor Vehicle Disputes Tribunal (...

6. [2018] NZEnvC 181 Ballantyne Barker Holdings Ltd v Queenstown Lakes District Council [pdf, 19 MB]

   ...up to 5 metres either side of the driveway and will be timber, locally sourced stone, and/or minor steel and concrete components. Entrance ways are to be of a simple robust design in keeping with rural farm character. [18J Specific conditions to protect the amenities of the Le Bruns6 are proposed. They read : 6 (v) planting within Ihe area defined by the purple solid line shown on landscape plan reference 221.BTLP01 F.2 dated January 2018 defined in Condition 1 shall be maintain...

7. M D Cottle Family Trust & Ors v Barnett [2015] NZREADT 57 [pdf, 256 KB]

   ...that bringing a client to the property without an Agency Agreement and tendering an offer is a breach of Rule 9.15. The purpose of providing that an Agency Agreement must be entered into before a licensee can offer or market a property is for the protection of both parties. It cannot be waived at the insistence of a client and we find that this failure is a breach of s.72 and is unsatisfactory conduct.” [52] Counsel for the Authority submits that, as in the case of Lee, the licensee...

8. LCRO 136/2016 AB v DE and GH [pdf, 483 KB]

   ...requirement and to consult with her about that before registering the transfer that Ms GH contravened rules 7 and 7.1. (d) Acting for Mr and Mrs JK, and Ms AB Consistent with the consumer purposes of the Act and lawyers’ fundamental obligation to protect clients’ interests,45 r 6 requires that: [i]n acting for a client, a lawyer must, within the bounds of the law and [the rules], protect and promote the interests of the client to the exclusion of the interests of third partie...

9. [2024] NZEmpC 226 Glenfield College BOT & Ors v Anderson [pdf, 272 KB]

   ...is, however, necessary to view cl 2.5 in context. The contextual inquiry includes related clauses in the CEA which inform the correct interpretation of the nature and scope of the provision. And, as Mr Cranney (counsel for NZEI submitted), the protective purposes of the Act, such as the acknowledgement of the inherent inequality in employment relationships, protecting the integrity of individual choice and the general duty of good faith,10 are of broader contextual relevance. The...

10. [2024] NZEmpC 226 Glenfield College BOT & Ors v Anderson [pdf, 365 KB]

    ...is, however, necessary to view cl 2.5 in context. The contextual inquiry includes related clauses in the CEA which inform the correct interpretation of the nature and scope of the provision. And, as Mr Cranney (counsel for NZEI) submitted, the protective purposes of the Act, such as the acknowledgement of the inherent inequality in employment relationships, protecting the integrity of individual choice and the general duty of good faith,10 are of broader contextual relevance. The...