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1. Ram v Tan [2016] NZIACDT 39 (9 August 2016) [pdf, 207 KB]

   ...Tribunal’s decision in Samuelu v Aasa [2014] NZIACDT 89 (16 September 2014) and [2014] NZIACDT 67 (30 May 2014) in which she acted in a similar way, and as a result of which, the Tribunal cancelled her licence. [17.6] Mr Tan accepts he failed to protect himself, his practice, and the clients of his practice from Ms Aasa’s conduct. [17.7] Mr Tan generally accepts the narrative provided by the Registrar in her statement of complaint. However, he adds some points; particularly that h...

2. Recommendations recap - issue 3 [pdf, 1.2 MB]

   ...prevent such deaths occurring in the future. In order to publicise these lessons, the findings and recommendations of most cases are open to the public. 4 Table of contents 1 Recommendations 1 Adverse effects or reactions to medical or surgical care 5 Aviation accident 8 Care facilities 9 Deaths in custody 12 Diving, scuba diving, snorkelling 14 Drug, alcohol or substance related 15 Fall 15 Homicide or interpersonal violence 15 Labour or pregnancy related 19 Mental health issues...

3. Nicholls v Nicholls – W T Nicholls Trust (2013) 55 Waikato Maniapoto MB 288 (55 WMN 288) [pdf, 218 KB]

   ...the subject lands being alienated and they remain available for reoccupation by the Applicant, should he be successful on appeal and the Appellate Court makes orders to that effect. The subject lands are Māori freehold land and subject to the protections from alienation by the Act and the Trust Order of the WT Nicholls Trust. Further, the Applicant could pursue a claim for damages. (e) The Applicant and the other Respondents (in the Māori Land Court matter) have no legal right...

4. Auckland Standards Committee v Andersen [2012] NZLCDT 17 [pdf, 122 KB]

   ...submitted that because these proceedings are not punitive in nature, rather they are protective, the reverse side of that coin must be that factors personal to the practitioner, in mitigation, must carry less weight. This must logically be so when protection of the public considered. Making assessment about the practitioner’s fitness to practice the Tribunal relies on the following factors. 1. Dishonesty [83] We make a firm finding of dishonesty although, as already indicated, d...

5. IAA v Sparks [2013] NZIACDT 5 (07 February 2013) [pdf, 170 KB]

   ...and employment applications. 7 [52] When the visa to work in New Zealand was approved, there were Philippines’ regulatory requirements. Greenfields was obliged to ensure that the engagement was genuine and the employee had the protection of insurance and the like. Mr Sparks’ affidavit - background [53] Mr Sparks said he had been working in immigration for some 24 years, undertaking a substantial volume of work. His history demonstrated a commitment to professional...

6. BORA Electoral Finance Bill [pdf, 444 KB]

   ...justified where this is necessary to ensure that the free choice of voters is not undermined or the democratic process distorted by the disproportionate expenditure on behalf of any candidate or party. ... In order to ensure the full enjoyment of rights protected by article 25, the free communication of information and ideas about public and political issues between citizens, candidates and elected representatives is essential. This implies a free press and other media able to comment on...

7. [2020] NZEnvC 165 Taranaki Energy Watch Incorporated v South Taranaki District Council.pdf [pdf, 7.8 MB]

   ...of New Zealand and Federated Farmers of New Zealand signed the consent memorandum. New Plymouth District Council , Stratford District Council and Powerco Limited have all agreed to abide by the court's decision while the Royal Forest and Bird Protection Society of New Zealand Incorporated has raised no issue. 3 where Unacceptable Risk has not been determined, a 250m setback from the source of risk extends outside the property boundary. Regularly share changes to risk assessmen...

8. [2019] NZEnvC 152 Whangarei District Council v CPE Trustee Limited [pdf, 11 MB]

   ...Graham Parks Ltd1 confirming that the quarry enjoyed existing use rights and that no previous consents had been obtained. Further, the letter advised that: While these operations continue, no further planning consent will be necessary, although some care will be necessary to ensure that the quarrying does not remove the lateral support of adjoining properties by coming too close to boundaries. [12] Graham Parkes Ltd operated the quarry from 1992 until Stan Semenoff Ltd took over in...

9. 2021-07-05 OWRUG - Closing Submissions [pdf, 277 KB]

   ...carries the persuasive burden. 15 Section 32(2)(c) 16 Section 38(1) Resource Management Amendment Act 2020. 16 PP-1035600-2-537-V1 3. Water cannot be reallocated between water users under section 128. 4. Consent holders have some protection under section 131(1)(a) through regard being had to the viability of the activity. 67. OWRUG says that none of those reasons should be viewed as meritorious by the Court because: 1. Although much has been made of the need for...

10. Tuwhangai v Boon - Kawhia U2B [2022] Maori Appellate Court MB 347 (2022 APPEAL 347) [pdf, 313 KB]

    ...already been inserted, rendering its meaning unreliable. [40] Ms Fraser also submitted that the Chief Judge incorrectly placed weight on Mr Tuwhangai’s evidence given in hindsight that he would have wanted a tenancy in common arrangement to protect his family. In addition, she submits that the Chief Judge incorrectly placed weight on Mr Tuwhangai’s acceptance that he did not use the terms ‘tenancy in common’ or ‘joint tenancy’ in discussion with Mrs Ormsby Ms Fraser arg...