Search Results

1. COVID-19 Alert Level 3 in the District Court data summary [pdf, 335 KB]

   ...filed on average a week during Alert Level 3 compared to Alert Level 4. However, the difference is slight with only 10 charges fewer a week (-3%). Offences against justice (which includes offences for breaching community sentences, breach of protection order and people on bail not attending scheduled court appearances) had the largest increase in the average number of charges filed per week (+123 charges; +31%). Much of the increase was related to: • failure to answer bail (...

2. LCRO 48/2019 VW v EX and TY (3 May 2021) [pdf, 324 KB]

   ...occurs, the fee estimate is requested at that time, the estimate can accompany that information. An estimate can also be provided when requested in respect of particular attendances, as occurred in this Review.57 [130] Consistent with the consumer protection purposes of the Act, lawyers must take care in providing estimates.58 [131] As noted above, r 9.4 also requires that lawyers must inform the client “promptly” if it becomes apparent to the lawyer that the estimate is likely...

3. Holmes v Ministry of Social Development [2012] NZHRRT 19 [pdf, 144 KB]

   ...1993 relating to the non-publication of evidence or to the identity of any person involved in these proceedings. The interim order made at the commencement of the hearing on 1 December 2011 is accordingly at an end. That interim order was made to protect the confidentiality of a decision of the Social Security Appeal Authority received in evidence. We have not found it necessary to refer to that decision with the result that it does not require protection in these proceedings additional...

4. Canterbury / Westland Standards Committee 3 v Johnson [2018] NZLCDT 5 [pdf, 464 KB]

   ...situation of a trustee selling to co-trustees who were also clients was unusual. [92] He also accepted that it would have been important for the trustees to understand the nature of Ed Johnston’s conflict of interest. [93] The Tribunal, having carefully listened to the evidence of both respected experts, preferred the evidence of Mr Eades. We have noted the concessions made 31 NOE page 250. 32 NOE page 251. 33 NOE page 251. 34 NOE...

5. [2018] NZEmpC 10 TKR Properties Ltd t/a Top Pub & Route 26 Bar and Grill v MacDonald [pdf, 162 KB]

   ...will be unable to meet an adverse award of costs. That must be taken as contemplating also that an order for substantial security may, in effect, prevent the plaintiff from pursuing the claim. An order having that effect should be made only after careful consideration and in a case in which the claim has little chance of success. Access to the courts for a genuine plaintiff is not lightly to be denied. [16] Of course, the interests of defendants also must be weighed. They must b...

6. BORA Video Camera Surveillance (Temporary Measures) Bill [pdf, 320 KB]

   ...free from unreasonable search and seizure, it is unnecessary to carry out a further analysis under s 5. If a search or seizure is unreasonable it cannot be justified. [4] • The Court of Appeal has said that the “touchstone” of s 21 is the protection of reasonable expectations of privacy: [5] • The main aim of s 21 of the Bill of Rights is to protect privacy interests. It is only where a person's reasonable expectations of privacy have been breached that a personal re...

7. BORA Business Law Reform Bill [pdf, 392 KB]

   ...the provision falls to be justified under section 5 of the Bill of Rights Act. 20. The different treatment of large companies is retained because these companies have a significant effect on the New Zealand economy. The provision is intended to protect New Zealand interests which could be supplanted by the broader interests of the company. This can be considered a significant and important objective. 21. The additional reporting requirements are intended protect New Zealand interests...

8. Napier v Registrar of Real Estate Agents Authority [2017] NZREADT 70 (27 Nov 2017) Ruling on prohibition of publication [pdf, 175 KB]

   ...interest, and the right for proceedings to be reported on. The Tribunal accepts the purposes of the Act as they are set out in s 3 of the Act, and we do not need to repeat them. The Tribunal is very aware that the purpose of the Act is to promote and protect the interests of consumers and to promote public confidence in the real estate agency industry. [4] It is also accepted that one of the functions [of] the Tribunal is, to put it shortly, to hold licensees to account. It is...

9. [2018] NZEnvC 158 Brown v Whangarei District Council [pdf, 3.5 MB]

   ...Rural (Urban Expansion) Environment ("RUEE"). [6] The Rural Area chapter describes the RCE, RVRE and RUEE: "The Rural Countryside Environment provides primarily for; the productive use and development of rural land and resources; the protection of ecological and landscape values; and the significant number of people who live in this Environment due to the existing subdivision and development pattern. Commercial and industrial land use and development is only provided for...

10. Complaints Assessment Committee 410 v Dai [2017] NZREADT 18 [pdf, 104 KB]

    ...carrying out real estate agency work other than for on or behalf of an agent. [b] Second charge: Ms Dai wilfully or recklessly breached ss 126, 127 and 133 of the Act, and r 11.2 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”). [c] Third charge: Ms Dai wilfully or recklessly breached r 6.2 of the Rules. [d] Alternative to the third charge: Ms Dai’s conduct constituted seriously incompetent or seriously negligent real estat...