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1. Rātima v Sullivan - Tataraakina C Trust (2017) 64 Tākitimu MB 121 (64 TKT 121) [pdf, 874 KB]

   ...or that the transaction was fair. The use of strict liability in the context of a fiduciary relationship stems from fiduciary law’s traditional prophylactic approach: it is thought that prevention is better than cure in that this provides good protection to beneficiaries and removes temptation from fiduciaries. As Professor Matthew Conaglen has put it, “removing the fruits of temptation is designed to neutralise the temptation by rendering it pointless”. [8] In Adlam v Savag...

2. BORA Immigration Bill [pdf, 480 KB]

   Immigration Bill 20 July 2007 Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: IMMIGRATION BILL 1. On 12 June 2007 we provided you with preliminary advice as to whether the Immigration Bill (PCO 7520/13) is consistent with the New Zealand Bill of Rights Act 1990 ("the Bill of Rights Act"). We have now had an opportunity to view version 20 (PCO 7520/20) of the Bill. We understand that the Bill was considered by the Cabinet Legislati

3. LCRO 275/2016 KN v YL (4 March 2019) [pdf, 277 KB]

   ...she had been described as a principal of the firm, when she was not. [130] Mr HC noted that he was “alarmed” when he became aware that Mr KN had the bonus pool document in his possession. He noted that the document was secured in a password protected electronic file that Mr KN did not have access to, and that Mr KN had never been provided with a copy of the document. [131] Clearly Mr HC considered that Mr KN had obtained the document through improper means. 22 [132] Mr HC...

4. 2021-10-27 ORC - PC8 - Common Bundle - Volume 1 [pdf, 16 MB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-128 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Omnibus Plan Change - Plan Change 8, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA

5. [2022] NZREADT 15 – Complaints Assessment Committee 2108 v Rankin Tremain Real Estate Wairarapa Ltd (10 August 2022) [pdf, 224 KB]

   ...an adverse consequence, but it is not a significant factor in our assessment. [123] While Tremain Real Estate did not report Mr Rankin’s wrongdoing, it did not ignore it either. It put in place a process which would have been effective in protecting the public, had his employment with the agency continued. Mr Christensen acknowledges the lesson learned from the incident. There is little need to deter Tremain Real Estate from a repeat of this wrongdoing. Nor is this the right...

6. OIA-105083_Part1.pdf [pdf, 8.7 MB]

   ...received, provided to correct Minister). ) How to lock a spreadsheet For each different page (sheet) in the workbook, do the following : 1. Go to the "Review" tab. 2. Click "Protect Sheet" 3. Enter a password for unprotecting the sheet (OIAXXXXX or MOIXXXXX) 4. Re-enter the password to confirm. For the workbook, do the following : 1. In the "Review" tab, after protecting each page as above, click "Protect Workbook" 2. Click &qu...

7. BORA Armed Forces Law Reform Bill [pdf, 557 KB]

   Armed Forces Law Reform Bill 23 February 2007 Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: ARMED FORCES LAW REFORM BILL 1. Further to our letter of 13 February 2007, indicating that no provision in the Armed Forces Law Reform Bill (PCO 6759/13) (the "Bill") appeared to be inconsistent with the New Zealand Bill of Rights Act 1990 (the "Bill of Rights Act"), we now provide detailed advice on a number of proposals in the

8. CAC 10017 v Sherburn [2013] NZREADT 105 [pdf, 136 KB]

   ...that the appellant as real estate agent had a clear duty to be open and forthright about the nature of the restrictive covenants and the procedures involved in their registration. In that respect Mr Hudson referred to the purpose of the Act as the protection of the public and the need to maintain appropriate standards within the industry. He submitted that the conduct of the vendor, in imposing restrictive covenants and how that was achieved, has no relevance to the purposes behind the...

9. Trinder – Kopu – Mangati B2B (2024) 485 Aotea MB 55 (485 AOT 55) [pdf, 1023 KB]

   ...owners have partitioned land from the Block in the past (including post-1993), suggests that partitions are not foreign options for this block.18 [27] Partition applications are important and because the Court is creating separate new titles, care is needed in deciding whether there is sufficient support. I must balance this care, with the nature and extent of the attempts made by applicants to bring these applications to the attention of owners and the nature of any opposition....

10. [2023] NZEnvC 271 One Tasman Development Limited Partnership [pdf, 412 KB]

    ...policies 5 the proposal is inconsistent with regarding wind effects and responding to neighbouring heritage items. [398] With regard to neighbouring heritage values, I note the proposed CCZ objectives and policies afford lesser regard for protection, rather requiring a development to ‘acknowledge and sensitively response’ [sic] and ‘effectively manage’ neighbouring heritage items. I have also had regard to the fact that HNZPT and the Ministry for Culture and Heritage have...