Search Results

1. CAC 20005 v Morton-Jones [2014] NZREADT 100 [pdf, 29 KB]

   ...accounting codes, rather than a lack of fidelity or good faith”. [14] The defendant also maintains that any tardiness on his part in responding to the charges was because he had not been properly served on 24 March 2014. [15] We record that we have carefully taken into account these further submissions but they do not alter our conclusions. Our Decision [16] Pending the outcome of the substantive prosecution hearing, we have now decided to suspend the defendant’s licence fo...

2. Baigent v ACC [2011] NZACA 3 [pdf, 166 KB]

   ...October 2002; (ii) The intended point of law must be ‘capable of bona fide and serious argument’ to qualify for the grant of leave: e.g.; impact manufacturing reported, Doogue J, HC Wellington, AP 266/00, 6 July 2001; 3 (iii) Care must be taken to avoid allowing issues of fact to be dressed up as questions of law; appeals on the former being proscribed: e.g. Northland Cooperative Dairy Co Limited v Ropana [1991] 1ERNZ 361, 363 (CA); (iv) Where an appe...

3. Morgan v ACC [2011] NZACA 2 [pdf, 188 KB]

   ...in Lewis v ARCIC HC 149/1993 is now seen by Parliament as not being acceptable. [12] The view of the Appeal Authority in this case is in total contrast to the will of Parliament in that the Corporation has been allowed to both seek and attain protection and financial benefit from its totally inappropriate and unlawful action. [13] The Corporation provided the standard C3 form to Mr Morgan's employer which stipulated "do not include any taxable items." [14] The proba...

4. BORA Taxation (Annual Rates, Business Taxation, Kiwisaver, and Remedial Matters) Bill [pdf, 387 KB]

   ...the Income Tax Act 2004, the Income Tax Act 1994, the Tax Administration Act 1994, the KiwiSaver Act 2006, and the Goods and Services Tax Act 1985. CONSISTENCY WITH SECTION 19 OF THE BILL OF RIGHTS ACT 5. Section 19(1) of the Bill of Rights Act protects the right to freedom from discrimination on the grounds of discrimination set out in section 21 of the Human Rights Act 1993, including age (which means any age of 16 years old and over). 6. Taking into account the various domestic an...

5. BORA Land Transport Amendment Bill [pdf, 294 KB]

   ...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions....

6. BORA Land Transport (Speed Limits Validation) Bill [pdf, 301 KB]

   ...Bill 3. The purpose of the Bill is to: • remove any doubt about the validity of speed limits set by road controlling authorities (which includes the designation of areas as urban traffic areas in which roads are subject to speed limits); • protect enforcement action taken in relation to speed limits from any doubt concerning the validity of the speed limits; and • provide clear authority for the setting of speed limits by road controlling authorities in the future. 4. Clause...

7. LCRO 204/2017 CA and KB v MN [pdf, 102 KB]

   ...applied for a review of a decision by the [Area] Standards Committee [X] (the Committee) to take no further action in respect of their complaint concerning the conduct of the respondent, Mr MN who was appointed by the Family Court pursuant to the Protection of Personal Property Rights Act 1988 (PPPR) as lawyer for their father, Mr RA. Background [2] The complainants refer to a dispute between them and their brother, GA. The complainants say that Mr UX was appointed by the Court i...

8. IP v AR LCRO 161 / 2011 (15 June 2012) [pdf, 58 KB]

   ...client is happy with that advice or not. [27] I can find no evidence of any kind of a relationship that could have given rise to a professional conflict on the Practitioner’s part. I can see no breach of any of the Rules of Conduct and Client Care in relation to any matter. [28] Although the Applicant continues to believe that the Practitioner has withheld documents, I note that the Practitioner has invited him on a number of occasions to come and inspect the remainder of t...

9. 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...

10. 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...