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1. CAC v Hughes and Hape, CAC v Hughes and Lal [2016] NZREADT 57 [pdf, 336 KB]

   ...of Sentencing [22] The Tribunal must consider four matters when considering imposition of a penalty as set out in Real Estate Agents Authority v Lum-on [2012] NZREADT 47. [23] A penalty must fulfil the following functions. They are: [a] Protecting the public Section 3 of the Real Estate Agents Act provides that this is one of the purposes of the Act. [b] Maintenance of professional standards This was emphasised in Taylor v The General Medical Council and Dentice...

2. Complaints Assessment Committee (CAC 409) v Cartwright [2018] NZREADT 25 [pdf, 264 KB]

   ...4 Section 3(1) of the Act. 5 Section 3(2). [13] Penalties for misconduct and unsatisfactory conduct are determined bearing in mind the need to maintain a high standard of conduct in the industry, the need for consumer protection, maintenance of confidence in the industry, and deterrence. [14] A penalty should be appropriate for the particular nature of the misbehaviour, and the Tribunal should endeavour to maintain consistency in penalties imposed for simil...

3. [2015] NZEnvC 105 Opoutere Ratepayers and Residents' Association v Waikato Regional Council [pdf, 2.2 MB]

   BEFORE THE ENVIRONMENT COURT Hearing at: Court: Appearances: Decision No. [2015] NZEnvC lOS IN THE MATTER of an appeal pursuant to clause 14(1) of Schedule 1 of the Resource Management Act 1991 (the Act) in relation to proposed changes to the Waikato Regional Policy Statement BETWEEN AND OPOUTERE RATEPAYERS AND RESIDENTS' ASSOCIATION (ENV-2012-AKL-000253) Appellant W AIKATO REGIONAL COUNCIL Respondent at Hamilton, 23 October 2014; 18 November 2014 and s

4. CAC20009 v Li [2015] NZREADT 48 [pdf, 212 KB]

   ...because of his early guilty plea. This has been recognised by the Courts where the Supreme Court has said a reduction of about 30% of the proposed tariff is a reasonable reduction in penalty for an early plea of guilty. [23] The Tribunal have carefully considered this case. They consider that Mr Li’s deception was significant. As outlined in the facts, on numerous occasions, he continued to deny the association with his niece Ms Li Li. While there does not appear to have been any...

5. BORA Immigration Amendment Bill (No 2) [pdf, 328 KB]

   ...correspondence or otherwise. There are two limbs to the s 21 right. First, s 21 is applicable only in respect of those activities that constitute a “search or seizure”. Secondly, where certain actions do constitute a search or seizure, s 21 only protects against those searches or seizures that are “unreasonable” in the circumstances. 17.Various provisions in the Bill appear to engage s 21. We will address each of these provisions in turn below. Requiring biometric informat...

6. Sharing information safely: Summary of feedback [pdf, 370 KB]

   ...is safe and appropriate to do so. The Act provides clear authorisation for the sector to collect, use, request and share personal information for permitted purposes. It also clarifies that the sector has a duty to consider sharing if it may help protect a victim, or if it receives a request for information for a permitted purpose. Draft guidance on sharing personal information To assist the sector in implementing the new provisions, the Ministry of Justice developed three draft doc...

7. [2025] NZEmpC 189 Tōpūtanga Tapuhi Kaitiaki o Aotearoa New Zealand Nurses Organisation Inc v Health New Zealand [pdf, 240 KB]

   ...case that the notices of deduction did not meet the requirements of s 95B of the Act, and that the balance of convenience favours NZNO. [47] In addition, I accept the point made by Mr Cranney, that wages are a special type of contractual payment protected by statute, and that deductions are generally constrained.9 Making deductions from wages for partial strikes, while now permitted, is a serious departure from that general position. 8 The New Zealand Fire Service Commission...

8. [2019] NZEnvC 189 508 Chapel Road Partnership Trust v Auckland Council [pdf, 2.2 MB]

   ...activities, which is to provide for the community's social, economic and cultural wellbeing, while being compatible with the scale and intensity of development anticipated by the zone so as to contribute to the amenity of the neighbourhood and the protection of residential character and amenity. 5 [17] The JWS goes on to identify that although the noise issues were not the reason for refusal, they were satisfied with some amendments to the conditions and the noise management ....

9. OIA-97846.pdf [pdf, 14 MB]

   Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz 19 September 2022 Our ref: OIA 97846 Tēnā koe Official Information Act request: non-discrimination in the Human Rights Act Thank you for your email of 23 July 2022, requesting, under the Official Information Act 1982 (the Act), documents regarding non-discrimination in the Human Rights Act. Specifically, you requested: “…all infor

10. [2023] NZIACDT 12 - XX v Xu (13 April 2023) [pdf, 252 KB]

    ...since 2001 and became licensed in 2009. She prided herself on providing excellent and highly professional service to her clients. This was the first complaint against her in nearly 20 years of practice. She worked hard and was generally a very careful person who paid attention to detail. Ms Xu expressed deep sorrow for what had happened and had already apologised profoundly to the complainant and her mother. She understood her mistakes had caused the complainant and her family enorm...