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1. Waikato Bay of Plenty Standards Committee 1 v Silvester [2023] NZLCDT 47 (31 October 2023) [pdf, 86 KB]

   ...question her fitness to practise. [8] Mr McCaughan advanced his submission about penalty in a balanced manner. We agree that the conduct was serious, at odds with that expected in a person 2 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 4 privileged to be a lawyer. We accept Mr McCaughan’s submission that inexperience and anxiety were operative factors. [9] We also agree with Mr McCaughan that the case of Latton3 is the closest compara...

2. 15-Damien-McGahan-Planning-statutory-assessment.pdf [pdf, 612 KB]

   Barristers and Solicitors Wellington Solicitors Acting: David Randal / Thaddeus Ryan / Frances Wedde Email: david.randal@buddlefindlay.com Tel 64-4-499 4242 Fax 64-4-499 4141 PO Box 2694 DX SP20201 Wellington 6140 IN THE ENVIRONMENT COURT OF NEW ZEALAND WELLINGTON REGISTRY I MUA I TE KŌTI TAIAO O AOTEAROA TE WHANGANUI-Ā-TARA ROHE ENV-2020-WLG-00014 UNDER the Resource Management Act 1991 IN THE MATTER OF a notice of motion under section 87G of the Act seeki

3. [2018] NZEnvC 139 Selwyn Quarries Ltd v Canterbury Regional Council [pdf, 4.8 MB]

   ...haste, but that has not been brought into the District Court Rules 2014, so there is a preliminary issue as to whether the court has power to recall a Minute, given that normally the court would be regarded as functus officio. Mr Maw gave full and careful submissions 011 this issue which I will outline shortly. Background [4] In January 2015 SQl applied for a suite of resource consents from the CRC under the Resource Management Act 1991 ("the Act" or "the RMA")...

4. Ahu Whenua Trust Order Template [docx, 91 KB]

   ...trust review NOTE: 1. The enclosed terms of trust are an example of a trust order that you may use for your ahu whenua trust. You can however customise the trust order to take account of your circumstances. 1. You should read through each clause carefully and alter, amend or delete where appropriate to suit your circumstances. There are three areas highlighted in the draft: · Places where you must exercise a choice are highlighted in yellow. Go through all these to make the choice that...

5. EMPC Document bundle example [pdf, 125 KB]

   ...the first step is to check the facts and make sure there really is a problem, and not simply a misunderstanding. Either party might want to discuss a situation with someone else to clarify whether a problem exists, but in doing so they should take care to respect the privacy of other employees and managers, and to protect confidential information belonging to the Employer. For example, the Employee could seek information from: • Friends and family • The Ministry of Business, Innova...

6. [2015] NZEmpC 38 Davis v Commissioner of Police [pdf, 109 KB]

   ...That the employer's failure to meet its obligations were not given appropriate weight by the Court. (f) The Court failed to take into account various factors and overlooked significant details. (g) The Court failed to consider the Protected Disclosures Act 2000. [8] Two other grounds were raised in the supporting affidavit dated 19 December 2014. The first was what Mr Davis described as a "crippling cost decision" in which approximately $135,000 (including di...

7. Shrewsbury v Rothesay LCRO 99 / 2009 (13 November 2009) [pdf, 80 KB]

   ...conduct may be made in respect of any of the services that a lawyer offers in the course of his or her practice. [29] Such a stance is consistent with the purposes of the Lawyers and Conveyancers Act 2006. A central purpose of that Act is to protect the consumers of legal services and conveyancing services (s 3). In seeking to attain that purpose s 3(2) proceeds to state that it intends to provide a more responsive regulatory regime in relation to lawyers and conveyancers. I...

8. Cabinet paper - Initial scope of Crown/Māori Relations portfolio [pdf, 462 KB]

   ...Partnership; The Crown and Māori will act reasonably, honourably and in good faith towards each other as Treaty partners. b. Participation; The Crown will encourage, and make it easier for Māori to more actively participate in the relationship. c. Protection; The Crown will take active, positive steps to ensure that Māori interests are protected. d. Recognition of cultural values; and The Crown will recognise and provide for Māori perspectives and values. e. Use mana en...

9. Heng v Yap [2014] NZIACDT 110 (10 October 2014) [pdf, 198 KB]

   ...gain the benefits of New Zealand professional registration. There is no existing decision dealing with Mr Yap’s professional responsibilities in relation to this complaint. It is a different issue to his responsibilities under Malaysian consumer protection law, and will likely have different results. [14] It follows the only effect of the Malaysian Tribunal’s decision here, it to take account of the refund of fees to the extent of RM5,000 as part of the factual matrix when determining...

10. Najib v CAC 403 & Lindsay [2016] NZREADT 51 [pdf, 232 KB]

    ...Any consideration of publication, or restricting publication of a licensee’s name following a disciplinary finding against the licensee must begin with the purpose of the Act. As s 3 of the Act provides, the Act’s purpose is “to promote and protect the interests of consumers … and to promote public confidence in the performance of real estate agency work”. The register of licensees [15] Sections 63 to 66 of the Act deal with the register of licensees, maintained by the R...