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1. FR v TI [2019] NZDT 1145 (12 April 2019) [pdf, 80 KB]

   ...considers that the company has failed in its contractual duties to maintain the alarm system. The company has filed a claim for their payment ($513.51). [5] The issues to be resolved are: (a) Has the company provided its service with reasonable care, and to ensure it is fit for purpose? (b) If not, is any sum due to the company? Has the company provided its service with reasonable care, and in a manner that is fit for purpose? [6] The company is providing a service to which the C...

2. Duncan Webb "Unsatisfactory Conduct" (September 2008) [pdf, 98 KB]

   ...own rules to make compensatory orders where “it appears to the Standards Committee that any person has suffered loss by reason of any act or omission”. This appears therefore that the appropriate standard will mirror the contract / tort duty of care (which is itself found in consumer legislation, see for example s 28 of the Consumer Guarantees Act 1993). The upshot of this is that orders may be made by the professional body for wrongs which were not previously considered professional...

3. CBA v LKJ Ltd [2014] NZHRRT 13 [pdf, 205 KB]

   ...in her hand. On being arrested she pleaded guilty to possession of a knife, wilful ill-treatment of animals and trespass. She was required to come up for sentence if called upon within nine months. [17] The flatmate applied for and was granted a protection order against the plaintiff. The plaintiff has been convicted for breaching that order on three occasions between 2004 and 2006. She was also convicted of failing to stop for red and blue flashing lights, resisting arrest and assau...

4. [2019] NZEnvC 067 Minister for Children v Auckland Council [pdf, 3.3 MB]

   ...MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 0 " '7 of the Resource Management Act 1991 of a direct referral under s 198E of the Act of a Notice of Requirement by the Minister for Children to alter Designation 3800 'Care and Protection Residential Centre - Upper North' in the Auckland Unitary Plan (Operative in Part) MINISTER FOR CHILDREN Applicant (ENV-2019-AKL-000007) AUCKLAND COUNCIL Regulatory Authority Court: Principal Environment Judge...

5. 2015 archive

   ...Criminal Legal Aid Fixed Fees H–I  Form 27 Criminal Legal Aid Fixed Fees J Form 33 Family Legal Aid Fixed Fee: Domestic Violence Form 42 Victims Orders against Violent Offenders Form 44 Employment Relations Authority- Fixed Fees Form 46 Public Protection Orders Final Re-approval policy 30 April 2015 - The finalised Re-approval policy for Legal Aid Providers is now published on the Ministry of Justice website following consultation with the legal professional bodies. A formal submission f...

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6. [2023] NZIACDT 15 - TC v MacLeod (1 May 2023) [pdf, 136 KB]

   ...complainant and his family. It incorporated a business plan (BP). Immigration New Zealand (Immigration NZ) declined the residence visa on 29 September 2016 as it was not satisfied the business was trading profitably. An appeal to the Immigration and Protection Tribunal was declined on 13 July 2017. [8] On 17 January 2019, a second entrepreneur residence application was filed on behalf of the complainant and his family. Immigration NZ sent a letter to Mr MacLeod on 30 September...

7. BR v EP LCRO 008/2012 (3 September 2014) [pdf, 42 KB]

   ...particular concern to BR, is that EP did not, when completing his review, consult with BR. [12] In response, EP submits that: (i) BR has no standing to lodge a complaint against him. MS, not BR, was his client. (ii) He owed no duty of care to BR. (iii) He is unaware of any principle of law by which BR could legitimately assert he was owed a duty of care, nor could he sustain complaint that he had breached any professional ethic duty or standard of care owed to BR by refe...

8. International Covenant on Civil and Political Rights - 3rd report [pdf, 96 KB]

   ...Relations Amendment Act 1989 because it gave rise to difficulties identified in New Zealand’s most recent report to the Committee on the Elimination of Racial Discrimination (see CERD/C/184/Add.5, para. 14). The Human Rights Act 1993 contains a more carefully drafted provision attempting to avoid these difficulties. In particular, the new section 61 provides that it is not essential that words be used in a "public place", if the user knew or ought to have known that the words were r...

9. LCRO 189/2015 ZA v YB [pdf, 262 KB]

   ...consideration as to whether it is appropriate to order a penalty, I refer to the guidance provided by the Disciplinary Tribunal which has stated that the”:26 predominant purposes [of orders] are to advance the public interest (which include ‘protection of the public’), to maintain professional standards, to impose sanctions on a practitioner for breach of his/her duties and to provide scope for rehabilitation in appropriate cases

10. BORA Environmental Protection Authority (Protection of the Environment) Amendment Bill [pdf, 188 KB]

    Environmental Protection Authority (Protection of the Environment) Amendment Bill 25 March 2015 Hon Christopher Finlayson QC, Attorney-General Consistency with the New Zealand Bill of Rights Act 1990: Environmental Protection Authority (Protection of the Environment) Amendment Bill Purpose 1. We have considered whether the Environmental Protection Authority (Protection of the Environment) Amendment Bill ('the Bill') is consistent with the rights and freedoms affirmed in...