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1. CAC 10054 v Subritzky [2012] NZREADT 20 [pdf, 122 KB]

   ...industry into disrepute and which, for that reason, agents of good standing or reasonable members of the public would consider to be disgraceful. It is noted that both the former REINZ Rules (rule 13.1) and the current Professional Conduct and Client Care Rules 2009 (rule 6.3) contain provision for proper conduct so as not to bring the industry into disrepute. [17] We have recognised that s.73(a) may apply to conduct by a real estate agent outside of real estate agency work. In CA...

2. HR v OW & CT LCRO 79/2014 (8 September 2015) [pdf, 299 KB]

   ...to comment on what consequences, if any should follow. [8] This decision addresses the parties’ submissions, sets out the orders made under s 156 of the Act, and imposes costs on review pursuant to s 210 of the Act. [9] There is no public protection reason that could support identifying either lawyer through publication. However, because many lawyers routinely instruct third parties, a direction is made pursuant to s 206(4) that publication of the decision and this decision...

3. BORA Immigration (Mass Arrivals) Amendment Bill [pdf, 335 KB]

   ...the Act (limits on judicial review) and replaces it with several additional subsections that limit the availability of judicial review. New subsection (1A) provides that no review proceedings may be brought in any court unless the Immigration and Protection Tribunal has issued its final determination. New subsection (1B) provides that review proceedings can only be brought with the leave of the High Court or the Court of Appeal. 27. We understand that the purpose of the new provisions is...

4. Maxwell - 313 Parish of Waimana (2020) 239 Waiariki MB 27 (239 WAR 27) [pdf, 193 KB]

   ...Court. It may be sensible, for example, to include in any revised terms of trust, a provision requiring any application to come before the Court to have the support of at least two or more peka to be valid. This is comparable to the standard protection of minorities clause in most ahu whenua trust orders when a minimum number of beneficial owners must sign any requisition for a meeting before it will be valid. In addition, there is always the possibility of an application for secur...

5. Copy of NZCVS Cycle2 Infographic Victimisation of Young Adults Data Tables fin 20210111 [xlsx, 66 KB]

   ...attribute the work to New Zealand Ministry of Justice and abide by the other licence terms. Please note you may not use any departmental or governmental emblem, logo, or coat of arms in any way that infringes any provision of the Flags, Emblems, and Names Protection Act 1981. Use the wording “New Zealand Ministry of Justice” in your attribution, not the New Zealand Ministry of Justice logo. mailto:NZCVS@justice.govt.nzhttps://www.justice.govt.nz/justice-sector-policy/research-data/nzcv...

6. McArthur Ridge – EiC – J Rasmussen (4 Feb 2021) [pdf, 11 MB]

   ...vineyards use more water for frost-fighting than for irrigation due to the local frequency and duration of frosts. Damaging frosts occur mainly in spring but are also a risk in autumn prior to harvest. Overhead sprinklers are a proven method of protecting new buds and maturing fruit but are dependent on adequate water supply, storage and distribution. 39. The elevated Springvale/McArthur Road area is not suitable for wind machine or helicopter frost fighting because of the lack...

7. [2020] NZEnvC 123 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 3.1 MB]

   ...whether and (if so) on what conditions the proceedings shall be reheard. (3) The decision of the court on any such proceedings shall have the same effect as a decision of the court on the original proceedings. [21] Even where s294 is applicable, careful consideration is required as to whether, and on what basis, any revisiting of a decision would be fair and appropriate. In particular, there should be finality to litigation and the court should not order a re-hearing unless there...

8. [2020] NZREADT 08 - Bond (25 February 2020) [pdf, 154 KB]

   ...practices, and conduct themselves in a manner that reflects well on the Institute, its members, and the real estate profession. 13.13 A member must be fair and just to all parties in negotiations and in the preparation of all forms and agreements, and protect the public against unethical practices in connection with real estate transactions. [16] Ms Bond’s conduct was also regulated by the Fair Trading 1986 which was, as Mr Hodge put it, “one of the key regulatory touchstone...

9. McLeod - Mangatawa 2B 2A Block (Tamapahore Marae) (2020) 201 Waikato Maniapoto MB 145 (201 WMN 145) [pdf, 246 KB]

   ...Court to date is that when a trustee has been removed from office by Court order they are not eligible for reappointment.4 Having said that, there are at least two recent authorities which suggest that reg 3(h) was drafted in error.5 I have carefully considered reg 3 in its entirety, along with the authorities I have cited. The statements made in the two authorities which suggest a drafting error were brief obiter comments. In other words, they were not determinative of the is...

10. [2021] NZEmpC 231 A Labour Inspector of the Ministry of Business, Innovation and Employment v JDFOODS Ltd [pdf, 242 KB]

    ...respondent, Deepti Kaushal, is the wife of Jayant Kaushal; she is also a director of JDFOODS. She holds 49 per cent of the company’s shares. [6] The Labour Inspector considers that JDFOODS breached the Employment Relations Act 2000, the Wages Protection Act 1983, the Minimum Wages Act 1983 and the Holidays Act 2003. She says $57,249.93 is owed to three former employees. The Labour Inspector considers that Deepti and Jayant Kaushal are persons involved in breaches committed by...