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1. Pepere - Tikitiki A23 (2001) 61 Ruatōria MB 150 (61 RUA 150) [pdf, 688 KB]

   ...further proceedings for rates accrued since the last action, and that although they would Seal Judgment they did not intend taking the matter any further while the existing Attachment Order of $50.00/week is operating. The GDC noted its intention to protect its ability to proceed with a sale of the property should the Attachment Order fall over. On 6 March 2001, the matter came before me for the last time before I reserved my decision. (See 60 Ruatoria MB 44-54) At that hearing counsel f...

2. CAC 413 v Marr [2019] NZREADT 28 - Penalty (1 July 2019) [pdf, 201 KB]

   ...being provided by a funder, Mr Parkin. On Ms Marr’s and Mr Parkin’s instructions, Ms Guttenbeil inserted, signed, and initialled a nomination provision in favour of Mr Parkin into the auction sale agreement. Mr Parkin insisted on this as a protection in the event that Ms Marr could not obtain finance to complete the purchase. [4] Ms Marr intended that the property would be owned by two of her children. She arranged for two Agency-branded agreements for sale and purchase to be...

3. Electoral (Registration of Sentenced Prisoners Amendment Bill [pdf, 3.3 MB]

   ...expressed by the majority of the Supreme Court of Canada in Sail# 1) Canada (Chief Eleclowl Ofcei), but are not persuaded that its approach need be followed. Context is important. The Saln)e majority relied on the fact the right to vote was subject to protection from unjustifiable parliamentary limitation.' Any limitation on die right therefore required a special standard of justification, beyond that required for some other Charter rights and freedoms.10 No such special protection...

4. Final-Technical-Assessment-F-Hydrology-and-Flooding-updated-23-Dec-2022_Part2.pdf [pdf, 20 MB]

   ...to produce large changes in peak water level because of the applied changes in topography (i.e., earthworks) and can therefore be ignored. These are not discussed unless there are consequential effects such as high velocities requiring scour protection, or effects extend outside of the proposed designations. 121. Changes in velocity are assessed on a site-by-site basis, including by comparison with baseline velocity in upstream and downstream reaches. 122. Changes in maximum wa...

5. Auckland Standards Committee v Garrett [2011] NZLCDT 29 [pdf, 87 KB]

   ...interest (which include “protection of the public”), to maintain professional standards, to impose sanctions on a practitioner for breach of his/her duties, and to provide scope for rehabilitation in appropriate cases. Tribunals are required to carefully consider alternatives to striking off a practitioner. If the purposes of imposing disciplinary sanctions can be achieved short of striking off then it is the lesser alternative that should be adopted as the proportionate respo...

6. [2013] NZEmpC 214 South Pacific Ltd v Tian [pdf, 75 KB]

   ...Ltd [2011] NZEmpC 139. 3 Regulation 6(2)(a)(ii). 4 EMC Auckland AC15/07, 27 March 2007. overall interests of justice, having regard to the particular circumstances of the case before it. The interests of both parties must be weighed carefully. [7] As the Court of Appeal observed in A S McLachlan Ltd v MEL Network Ltd: 5 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award of costs. That must be taken a...

7. MS v HF LCRO 183/2013 (30 October 2014) [pdf, 42 KB]

   ...cost principle is that the successful party is entitled to costs. It would be unlikely that the Court would award excessive costs in circumstances where it considered that the successful parties counsel had caused unnecessary delay. [37] Having carefully considered all the material on both the New Zealand Law Society and Legal Complaints Review Office files, and the relevant Rules of Conduct, I find no breach of the Rules and therefore endorse the conclusion of the Standards Comm...

8. BORA Births, Deaths, Marriages, and Relationships Registration Amendment Bill [pdf, 316 KB]

   ...and • Establish a new register to record name changes for overseas born people living in New Zealand. ISSUES OF INCONSISTENCY WITH THE BILL OF RIGHTS ACT Section 19: Freedom from Discrimination 5. Section 19(1) of the Bill of Rights Act protects the right to freedom from discrimination on the grounds of discrimination set out in section 21 of the Human Rights Act 1993. These grounds include age and marital status. 6. In our view, taking into account the various domestic and o...

9. GX v TF LCRO 54 / 2011 (9 February 2012) [pdf, 64 KB]

   ...transaction did not go as smoothly as the Applicant may have wished, but I cannot see that this was caused by any wrongdoing on the part of the Practitioner. [20] The Applicant further contended that the Practitioner appeared more concerned about protecting his own risk than the business of the Applicant. This referred to 5 advice given by the Practitioner about appointing an independent trustee, and also steps taken by the Practitioner when the Applicant and his wife separa...

10. Auckland Standards Committee 2 v Aitken [2020] NZLCDT 13 [pdf, 131 KB]

    ...offending or of the practitioner, then, if appropriate, considers relevant authorities before making an assessment about a proportionate response. [17] The Tribunal must, in assessing penalty, be mindful of the purposes of the Act which are the protection of the public and the maintenance of confidence in the provision of legal services. [18] Penalty in professional discipline cases is not imposed for punitive purposes, although it is recognised that there can be punitive outcome...