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1. LCRO 205/2016 EK v IQ (15 October 2018) [pdf, 169 KB]

   ...said to have worked without instructions, is underpinned by a more general argument that permeates Mr EK’s written submissions, where he suggests, in more general terms, that Mr IQ had embarked on work that was not required of him. [71] In carefully reviewing the correspondence relating to the transaction, I am satisfied that Mr IQ received instructions from Mr EK to act for Mr EK on what was a 11 significant purchase, and that the steps taken by Mr IQ were consistent with, an...

2. LCDT Annual Report 2022 [pdf, 435 KB]

   ...the implications of recent High Court and Court of Appeal decisions on disciplinary issues. New members are inducted with a full review of the governing legislation, procedural rules and court etiquette. Ethical duties of members are also carefully outlined, as are evidential rules and the rules underlying natural justice. Administration The Tribunal’s Case Manager, Ms Susan Knight has continued to efficiently co-ordinate all of the administration including the co...

3. Characteristics-of-children-and-young-people-who-offend_v1.0.pdf [pdf, 446 KB]

   ...The results presented in this study are the work of the author, not Stats NZ or individual data suppliers. These results are not official statistics. They have been created for research purposes from the Integrated Data Infrastructure (IDI), which is carefully managed by Stats NZ. For more information about the IDI please visit https://www.stats.govt.nz/integrated-data Integrated Data Infrastructure (IDI) disclaimer Ministry of Justice 7CHARACTERISTICS OF CHILDREN AND YOUNG PEOPLE WHO OFFE...

4. Waitangi Tribunal - Interim report on the MV Rena and Motiti Island claims [pdf, 2.2 MB]

   .... . . . . . . . . . 3 2 .2 Crown submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 The duty of active protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 .1 Relevant jurisprudence . . . . . . . . . . . . . . ....

5. Director of Proceedings v Smith (Costs) [2020] NZHRRT 35 [pdf, 259 KB]

   ...evidence shows [redacted] could be at real risk and if that happens, the consequences could include termination of the projects. This will not serve the ends of justice. [138.3] … [34] It is certainly important that the rights of consumers be protected. But those rights are not to be protected at all cost. The public interest requires that the powers conferred by the HDCA be exercised fairly. But in the present case the long delay in bringing the proceedings caused substantial u...

6. O v J [2016] NZIACDT 17 (30 March 2016) [pdf, 145 KB]

   ...inquisitorial functions under section 49 of the Immigration Advisers Licensing Act 2007, by requiring Mr J to appear, and address any opposing evidence and cross-examination from the Registrar and the complainant. The Registrar has responsibility for protecting the public interest in the complaints process, investigating complaints, and ensuring the Tribunal has such information as it should have to make decisions. [37] The Tribunal has unchallenged evidence given on oath; it is obliged...

7. BORA Securities Legislation Bill [pdf, 122 KB]

   ...offence. Conclusion 26. In our view the limit these presumptions, strict liability offences, and reverse onus offences place on section 25(c) of the Bill of Rights Act is justified in terms of section 5 of the Bill of Rights Act. Section 26(2): protection against double jeopardy 27. Section 26(2) of the Bill of Rights Act affirms the double jeopardy protection: the right not to be tried or punished for an offence twice. 28. The Bill proposes some amendments to the Securities Act...

8. ENV-2016-AKL-000TBA Transpower New Zealand Limited v Auckland Council [pdf, 169 KB]

   ...policy direction as to the appropriateness of buildings, structures and activities within the National Grid Yard depending on whether the relevant area is already compromised by underbuild, or whether the corridor (the National Grid Yard) can be protected so that the line does not become compromised by future development. (b) Rule A5 in Table D26.4.1, which currently provides a barrier to certain land use activities (which was not sought by Transpower) by imposing a defaul...

9. Deputy Registrar - Lot 1 DP 17494 Part Section 2345 New Plymouth (old Railway Station) (2017) 374 Aotea MB 81 (374 AOT 81) [pdf, 277 KB]

   ...relevant facts and evidence can be established before any further orders can be contemplated. He underscores that, having discovered the alleged misappropriation, the trustees have done everything in their power to act responsibly and swiftly to protect the interests of the trust’s beneficiaries. Counsel rejects the submission that the trustees ought to be removed from their positions immediately. [16] Mr Capper and his supporters demand the immediate removal of the trustees. He...

10. BM v CT [2024] NZDT 620 (10 July 2024) [pdf, 217 KB]

    ...sentence in which the signatory (BM) agrees to be guarantee payment if the client is a company (in this case J Ltd). This sentence is somewhat buried in the Client Information Sheet, and there must be a risk that a director will not have read the sheet carefully and may not be aware of what they have agreed to. Nevertheless, I 1 [2020] NZSC 118. CI0301_CIV_DCDT_Order Page 3 of 5 consider that the words in the Client Information Sheet are sufficient to meet the requirements of s...