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1. BORA Dairy Industry Restructuring Amendment Bill [pdf, 304 KB]

   ...seizure. 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". Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. Entry powers without a warrant 6. New section 29C (Power of entry without search warrant) of the Bill provides that the chief executi...

2. BORA Organic Products Bill [pdf, 184 KB]

   ...and c. the penalty level. 25. A reversal of onus of proof is generally considered to be more easily justifiable for regulatory offences. Those who choose to participate in regulated industries should be expected to meet certain expectations of care and accept the enhanced standard of behaviour required of them. In this Bill, operators voluntarily come under the Bill by choosing to advertise or label their product as organic. The offences are intended to incentivise those who opt into t...

3. Taueki - Horowhenua 11 (Lake) Māori Reservation (2005) 154 Aotea MB 96 (154 AOT 96) [pdf, 353 KB]

   ...expressed to be of interim effect only. (4) Every injunction made by the Court under this section that is not expressed to be of interim effect only shall be of final effect. Case Law An interlocutory injunction is a discretionary remedy granted to protect a plaintiff from injury to its legal or equitable rights resulting from delay between the filing of a claim and trial for which damages are not an adequate remedy. A recent Court of Appeal decision confirming this proposition is Ro...

4. Wang v Denekamp [2018] NZIACDT 48 (23 November 2018) [pdf, 152 KB]

   ...[13.5] I also take account of the obligation to retrain before re-entering the profession. 6 [14] In all, the penalty will be reduced to $4,500. Compensation and the refund of fees [15] When dealing with compensation this Authority is careful to ensure there is a direct nexus between a lapse in professional standards and a loss claimed by the complainant or other party. It is also conscious that the jurisdiction is concurrent with others where recovery may be pursued,...

5. Stanimirovic v Levarko [2018] NZIACDT 25 (20 June 2018) [pdf, 143 KB]

   ...the standard monetary penalty would be in the order of $7,500. I had in mind $2,500, Mr Levarko contended for $500 as a nominal penalty and the Registrar suggested $1,000 would better reflect the circumstances. [13] I have considered this issue carefully. My principal concern is that a monetary penalty of less than $2,500 is not adequate to properly reflect the conduct. There is in fact a concern that imposition of a lesser amount, superficially at least, conveys a message that unde...

6. Real Estate Agents Disciplinary Tribunal Annual Report 2019-20 [pdf, 193 KB]

   ...(in particular, following disciplinary charges against licensees), I am concerned that the possibility of an application for costs may deter some consumers from pursuing matters in the Tribunal. This has the potential to detract from the consumer-protection focus of the Act. CASES RECEIVED, DISPOSED AND ON HAND Caseload As noted below, the Tribunal received 51 new cases during 2019/2020. This is an increase from the previous year, when we received 43 new cases. Wit...

7. [2018] NZEmpC 130 Kocaturk v Zara’s Turkish Ltd [pdf, 222 KB]

   ...the Court must consider all the circumstances, including the nature of the proceedings and the interests of both parties. An order for security that has the effect of preventing a party from pursuing his or her claim should only be made after careful consideration in a case in which the claim has little chance of success; access to the courts for a genuine plaintiff is not to be lightly denied. Against that, defendants are entitled to be protected against being drawn into unjustif...

8. [2023] NZEnvC 052 Gray v Dunedin City Council [pdf, 2.1 MB]

   ...such remedial enhancement programme shall be provided to the Council at rcmonitoring@dcc.govt.nz. Construction of dwelling: 10) Prior to commencement of construction of the dwelling, a covenant document for registration on the title of the site protecting the areas of ecological enhancement and restoration must be submitted to the Council via rcmonitoring@dcc.govt.nz for the approval of the Resource Consent Manager. 11) Construction of the dwelling, excluding earthworks for the acc...

9. [2023] NZEnvC 036 Wellington City Council v Liffey Street Limited [pdf, 112 KB]

   ...now posed to the neighbouring properties from the potential for subsidence. 43 I do not have any confidence that ]\fr Vasist will comply with any abatement notice the Council serves. The strong impression we have is that l\fr 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...

10. [2022] NZEnvC 062 Cassidy Trust v Queenstown Lakes District Council [pdf, 272 KB]

    ...their relatively consistent gradient broken up by small, localised benches and terraces. Vegetation patterns Tall hawthorn hedging and mature poplar trees along the eastern side of Lower Shotover Road. Much of the road-side hawthorn hedging is protected under the District Plan, consent notices or conditions of consent. Exotic shelterbelts, woodlots, remnant gully vegetation, and exotic amenity plantings around on older rural residential properties and around their dwellings. Predomina...