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1. LCRO 226/2016 TS v KN [pdf, 113 KB]

   ...costs against his former wife. Mr KN advised Mr TS that there were potential disadvantages as his former wife was legally aided, and little real advantage in applying to the Family Court for interim costs orders. Mr KN recommended that Mr TS think carefully before instructing him to make such an application. Although an application for costs was foreshadowed to the Court and leave granted before the Family Court delivered its decision, no application for costs was made while Mr KN w...

2. Regulatory Impact Statement: A New Trusts Act [pdf, 1.2 MB]

   ...powers Minor 37 8 Powers of maintenance and advancement Modernising 59 9 Age of majority Minor 38 10 Appointment of agents Minor 38 11 Appointment of nominees and custodians Modernising 59 12 Power to appoint delegates Minor 39 13 Standard of care Minor 39 14 Investment powers and duties Modernising 59 15 Distinction between income and capital Minor 40 16 Apportionment of receipts and outgoings Minor 40 17 Investment managers Minor 41 18 Acceptance and rejection of trustee...

3. Burrows & Anor v CAC20002 & Ors [2015] NZREADT 53 [pdf, 142 KB]

   ...Ms Lawson-Bradshaw also covered relevant law to which we refer below. Our views on penalty Principles [15] It is well established that decisions of disciplinary tribunals should emphasise the maintenance of proper professional standards and the protection of the public through specific and general deterrence. While this may result in orders having a punitive effect, this is not their purpose, refer Z v CAC [2009] 1 NZLR 1; CAC v Walker [2011] NZREADT 4. As counsel for the Authority...

4. YCAP - information sharing guide [pdf, 2.9 MB]

   ...THE PRIVACY ACT Children, Young Persons, and Their Families Act 1989 • Section 6 – Welfare and interests of child or young person paramount • Section 15 – Reporting of ill-treatment or neglect of child or young person • Section 16 – Protection of person reporting ill-treatment or neglect of child or young person • Section 59 – Application for production of documents relevant to investigation of whether child or young person in need of care or protection • Section...

5. Gray & Ors as Trustees of the John Gray Family Trust v Lay [pdf, 300 KB]

   ...parapet work); • Flat roofs; • Bathrooms. Claim 027 – Ponsonby Gardens – Unit 2 page 13 of 121 4.3 The Owners have provided in evidence the details of how these leaks were caused in each of the areas. I will need to carefully review the evidence when analysing each potential area of leak later in this Determination. I will not get immersed in these details at this point, but simply provide an overview of the claims. 4.4 The remedial work has...

6. McGregor v Jensen [pdf, 89 KB]

   ...to remove the potential daggs. Once this was done a primer was applied. A stick-on membrane sheet was then applied after which the waterproofer went around with the sealant and sealed the joints along the top edges. After that a polystyrene protection was installed to protect the membrane when the area behind the block work was back-filled. The primer and membrane application can be seen in the photograph on page 922 of the claimants’ documents and the polystyrene covering...

7. Jackman v CAC 10100 & Raos [2011] NZREADT 31 [pdf, 152 KB]

   ...prevent people, who may otherwise carry on all of the activities of architects, from describing themselves as registered architects, or architects, unless they are registered; but it does not mean the person is not an architect. That is clear from a careful perusal of s.7 of the RAA (set out above). The 12 use of the title “registered architect” or “architect”, to describe themselves, is confined to persons who are registered architects. The provisions of s.7 do not pr...

8. Proactive-release-Re-written-Evidence-Regulations-6-July.pdf [pdf, 1023 KB]

   ...replaced part of the function of the Royal prerogative of mercy; and 19.2. Family Court access to EVIs of adults, not just children (for instance, to inform civil proceedings under the Family Violence Act 2018 or to assist in determining the child’s care and protection needs). 20. The second issue is the obligation to destroy video evidence 10 years after the court proceeding is finally determined or discontinued (or 7 years after it was made, if not used in court). Those obligations d...

9. [2024] NZEnvC 090 Bowkett v Whangarei District Council [pdf, 2.3 MB]

   Bowkett v Whangarei District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision [2024] NZEnvC 090 IN THE MATTER OF appeals against an abatement notice under s 325 of the Resource Management Act 1991 BETWEEN GD BOWKETT (ENV-2023-AKL-150) (ENV-2023-AKL-153) Appellant AND WHANGĀREI DISTRICT COUNCIL NORTHLAND REGIONAL COUNCIL Respondents IN THE MATTER OF an application for enforcement orders under ss 314

10. RI v Hart LCRO 158 / 2011 (13 July 2012) [pdf, 160 KB]

    ...3 NZLR 810 at 811. 14 professional discipline, even at the lower end of the scale, must be conduct which departs from acceptable professional standards. That departure must be significant enough to attract sanctions for the purposes of protecting the public. Such protection is the basis upon which registration under the Act, with is privileges, is available. I accept the submission of LQ that a finding of conduct unbecoming is not required in every case where error is show...