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1. [2022] NZREADT 25 — Salt & Kellar v Real Estate Agents Authority (18 November 2022) [pdf, 148 KB]

   ...the ASP. In fairness, the Side Agreement should have been disclosed because of its impact on the Property’s net return. As a result the Appellants were in breach of rr 6.2 and 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules). (b) By withholding information in relation to the reduction in OPEX payments by way of the Side Agreement, the advertised return of $60,000 net per annum could not be achieved. If the Side Agreement had been...

2. Proactive-release-OIA-review-Aug22.pdf [pdf, 30 MB]

   Hon Kris Faafoi Minister of Justice Proactive release – Briefing: Official Information Act 1982 – report back on targeted engagement and next steps Released: 7 December 2021 Initially released: 22 August 2020 The following documents have been proactively released by the Ministry of Justice. The initial release of this information in March 2020 included the Briefing and Attachment to the Briefing (documents 1& 2). The subsequent release in December 2021 included the Submis

3. 3-Strikes-Proactive-Release-OIA-Requests_Final_Part6.pdf [pdf, 11 MB]

   ...consulted on this policy? Will the public get to have a say with a Select Committee process for example? We made it clear in the election campaign that we would be bringing back three strikes. There has been a thorough policy process where we have carefully considered the design of the new scheme. We have also considered the submissions made on the repeal bill and issues raised in the Select Committee process in designing our new scheme. The public will be able to submit on the Bill wh...

4. [2012] NZEmpC 101 Pottinger & Nine Dot consulting Ltd v Carew and Kelly Services (NZ) Ltd [pdf, 250 KB]

   JANET POTTINGER V KELLY SERVICES (NEW ZEALAND) LIMITED NZEmpC AK [2012] NZEmpC 101 [28 June 2012] IN THE EMPLOYMENT COURT AUCKLAND [2012] NZEmpC 101 ARC 33/12 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN JANET POTTINGER First Plaintiff AND NINE DOT CONSULTING LIMITED Second Plaintiff AND KIRI CAREW Third Plaintiff AND KELLY SERVICES (NEW ZEALAND) LIMITED Defendant Hearing: 19 June 20

5. [2009] NZEmpC AC 44/09 Ecocover (NZ) Ltd & Anor v Dunn [pdf, 22 KB]

   ...the next 7 days. Mr Dunn may then have until 4 pm on Wednesday 23 December 2009 to file and serve a statement of defence to those amended proceedings. The matter can then be set down for a call-over in the new year. Counsel for the parties may care to give some consideration, for economic if for no other reasons, to dealing with the substantive issues by written submissions rather than at a hearing, although to have a hearing is of course their choice. [15] Mr Cruicksha...

6. Taueki v Horowhenua District Council - Horowhenua (11) Lake (2013) 298 Aotea MB 263 (298 AOT 263) [pdf, 187 KB]

   ...provide the trustees with a more direct role in managing their own property. Such a possibility does not seem outlandish in the twenty first century. [13] In any event, it should be obvious to all parties that unless proper legal process is carefully observed regarding any proposed leases or licences, given the history to these and related proceedings, further litigation is probable. Decision [14] The application is adjourned to a chambers hearing on 23 April 2013 at Whanganui...

7. Auckland Standards Committee v Flewitt [2010] NZLCDT 12 [pdf, 23 KB]

   ...lawyers in terms of the subsections of s 242(1). [8] We consider that in particular, while not wishing to minimise the other offending, the frauds on the Legal Services Agency must be given considerable weight. They were carried out with careful premeditation; they involved a breach of trust by a practitioner in a system which relies on honesty and integrity. While Mr Flewitt may say that he did not steal from his clients, he still acted dishonestly in his role as a lawyer, n...

8. Ruapehu District Council - Ohura South A3E2C3B2A Block XIII Tuhua Survey District (2014) 321 Aotea MB 95 (321 AOT 95) [pdf, 123 KB]

   ...anything or using the land in any other capacity, commercial or otherwise. It is noted that the land could be used for agricultural purposes. [6] It is also said that the council has been issuing invoices on a regular basis to Koroheke Hinerau care of Rangimoeke Houpapa of 66 Garland Drive, St Andrews, Hamilton. Despite these efforts, no payments have been received. Moreover, it is said that there has been no objection to the levying of rates and issuing of invoices by the coun...

9. BORA Families Commission Bill [pdf, 136 KB]

   ...Rights Act affirms the right of a person when suing, or being sued, by the Crown to have that litigation conducted in the same way that litigation between two individuals would be conducted. 13. We have previously advised you that the right protects an individual’s ability to enforce the law against the Crown in the conventional way in the ordinary court. That is different from guaranteeing a cause of action against the Crown. Still less does section 27(3) guarantee there will be...

10. BORA Weathertight Homes Resolution Services Amendment Bill [pdf, 372 KB]

    ...6. The Canadian courts have taken the view that a proper balance between the interests of the individual and the state can be struck if the requirement to produce documents is subject to appropriate terms and conditions, including those designed to protect the interests of the person compelled to provide the documents.[2] 7. We have concluded that this provision appears to be consistent with the right to be secure against unreasonable search and seizure. In reaching this conclusion we not...