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1. BORA Commerce Amendment Bill [pdf, 418 KB]

   ...otherwise. 20. There are two limbs to the section 21 right. First, section 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, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. 21. A number of provisions of the Bill already canvassed confer powers of search and seizure that also require scrutiny for complia...

2. BORA Search and Surveillance Powers Bill [pdf, 314 KB]

   ...18 Search of person or vehicle and attendant entry to place or vehicle of armed person where that person in breach of the Arms Act, incapable of controlling the arms, at risk of killing or causing bodily injury or is or could be subject to a protection order Safety / regulated activity 19 Search of place or vehicle for certain controlled drugs and precursor substances where offending suspected and risk of loss of evidence Regulated activity / likelihood of loss of evidence...

3. [2019] NZEmpC 66 Morgan v Tranzit Coachlines Wairarapa Ltd [pdf, 261 KB]

   ...whether they were for proper purposes. It may be arguable that an agreement will fall foul of s 66 where the employer utilises the fixed-term employment model where other mechanisms were reasonably available, that would have less violated the protective principles underlying the provision and ILO 158. [28] In the present case any financial uncertainty relates to ordinary business risk (potential loss of a revenue stream); it does not comprise a genuine reason based on reasonabl...

4. [2021] - NZREADT 09 - Complaints Assessment Committee 1905 v Papuni (24 February 2021) [pdf, 265 KB]

   ...misconduct under s 73(a) (disgraceful conduct) of the Act. We are not required to consider the alternative charge under s 73(b). Penalty Principles as to penalty [21] The principal purpose of the Real Estate Agents Act 2008 is to “promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work.4 The Act achieves these purposes by regulating agents, branch manage...

5. [2020] NZREADT 24 - Schroder (16 June 2020) [pdf, 163 KB]

   ...significantly reduced. Recently, his income has been affected by the Covid- 19 pandemic. 2 Pursuant to s 126 of the Act. Penalty principles [29] The principal purpose of the Act is to “promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work.3 The Act achieves these purposes by regulating agents, bran...

6. Auckland Standards Committee 1 v Hooker [2018] NZLCDT 15 [pdf, 250 KB]

   ...that negligence under s 241 had not been made out for the reason that the failure was not such as to reflect on the respondent’s fitness to practise or as to bring the profession into disrepute. It was not conduct that was below the standard of care required of the ordinary solicitor. [23] Mr Billington acknowledged that it was hard to resist the proposition that the respondent’s failure qualified as unsatisfactory conduct under s 12. [24] Mr McCoubrey, for the applicant, did n...

7. [2020] NZIACDT 18 - UO v Nukulasi [pdf, 92 KB]

   ...party has requested an oral hearing. ASSESSMENT [36] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Futile immigration matters 9. If a proposed application, appeal, request or claim is futile, grossly unfounded, or has little or no hope of success, a licensed immigration adviser must: a. advise the client in...

8. [2022] NZEnvC 226 Wellington City Council v Liffey Street Limited [pdf, 294 KB]

   ...risk now posed to the neighbouring properties from the potential for subsidence. 43 I do not have any confidence that Mr Vasist will comply with any abatement notice the Council serves. The strong impression we have is that Mr Vasist does not care about taking the precautions required to ensure the effects of his development are contained to the construction site. Reluctantly, my manager and I have concluded that we need the Court to make an interim enforcement order and hope that...

9. [2022] NZEnvC 175 Greensmith v Auckland Council [pdf, 1.5 MB]

   ...A11th01i!J v BW Offshore Singapore Pte Ltd [2021] NZHC 2577. 18 Foodst11ffs (Otago S 011thla11d) Prope,ties Limited v D11nedin City CoH11cil (1996) 2 ELRNZ 138. 19 DFC NZ Ltd v Bielf?J [1991] 1 NZLR 587. 10 [18) The High Court in Environmental Protection Authotiry v B W Offshore Singapore Pte Ltd signalled a potential departure from the Biellry factors in favour of the High Court costs principles.20 However, this Court has identified concerns with the approach in BW Offshore and h...

10. Twigley v New Zealand Law Society [2023] NZLCDT 28 (18 July 2023) [pdf, 148 KB]

    ...fresh start, he has adopted a community-minded and unselfish approach to helping others in need. 15 See above n 8. 7 [19] For obvious reasons, we cannot place weight on the positive references from his family members. In fact, in a protective jurisdiction such as this, personal references can rarely be accorded much weight unless they specifically address, for example, the work a practitioner has put into addressing underlying causes of the misconduct. That sort of en...