Search Results

1. [2021] NZEnvC 180 Northern Land Property Limited v Thames-Coromandel District Council [pdf, 2.2 MB]

   ...throughout the appeal process. Notwithstanding the distance between the parties on the issue whether any development should occur, there was relatively limited argument before us about the text of the structure plan. Mr Vernon presented submissions carefully analysing the text and suggesting improvements to it. [60] We note at the outset that the term structure plan is defined in the proposed Plan as follows: Structure Plan means a guide to the development or redevelopment of a

2. [2018] NZEnvC 027 Kumeu Property Limited v Auckland Council [pdf, 17 MB]

   ...be filed within a further ten working days. Any reply within a further ten working days, is to coincide with the final filing of the consent. REASONS Introduction [1] Kumeu Property Limited (the Appellant) is seeking to establish a supported care facility on a property adjacent to the corner of Taupaki Road and State Highway 16 in the Auckland rural area within the Countryside Living zone . [2] It is one of the first cases to be considered under the largely operative provisions...

3. BORA Credit Contracts and Financial Services Law Reform Bill [pdf, 165 KB]

   ...The policy objective of the Bill is to revise and update the law that governs consumer credit and broader financial markets so that it: • ensures creditors lend to consumers and manage consumer credit contracts responsibly • provides improved protection for vulnerable consumers, including from unscrupulous lenders • provides for consumer credit law to be dealt with holistically in one Act, and is consistent with other financial sector legislation, and • promotes and facilita...

4. Taranaki Standards Committee v Hamilton [2013] NZLCDT 22 [pdf, 94 KB]

   ...independent advice. Furthermore he has been in conflict of duties between two clients. Although he may have initially had good intentions in putting these clients together, once again there was no attempt to obtain independent advice or properly protect the clients and a breach of trust resulted. The Law [12] Section 3(1)(a) and (b) of the Lawyers and Conveyancers Act 2006 (“LCA”) reads: “3 Purposes (1) The purposes of this Act are-- (a) to maintain public confidenc...

5. Family and Sexual Violence work programme April [pdf, 327 KB]

   ...Legislation Bill. While the timing for the passage of the Bill and its entry into force are subject to Parliamentary decisions, work is underway to enable new court processes and ways of working in anticipation of new law. Simplifying and aligning Protection Order and Care of Children applications In support of the changes in the Bill, the Ministry is working to simplify and align protection order application forms and Care of Children Act (COCA) forms. The need to simplify th...

6. Inaia Tonu Nei - Hui Maori - English version WORD [docx, 69 KB]

   ...intergenerational effects of the racism, bias, abuse and colonisation that the justice system has created, enabled and continues to deliver almost 200 years since the signing of Te Tiriti o Waitangi. Māori did not sign Te Tiriti o Waitangi for tamariki to be in care, incarcerated or continually traumatised – this must stop now. Calls from those who attended the Hui Māori challenged the Crown and its officials directly for an enduring reform to stop the continuing degradation of whānau, h...

7. Barfoot & Thompson v CAC 20003 [2014] NZREADT 48 [pdf, 51 KB]

   ...at the auction. The complainant (another potential purchaser) claimed that the licensee had advised him that no pre-auction offer less than $850,000 would be sufficient to stop the auction. [24] We found that when this type of situation arises, a careful agency should ensure that steps are taken to ensure fair dealing between all the parties. We upheld the Committee’s decision to take no further action against the licensee. We were not satisfied, on the balance of probabilities, tha...

8. UF v OU LCRO 90 / 2011 (20 March 2013) [pdf, 118 KB]

   ...that UG had in any event asked him for help and he was prepared to assist. He argued that he therefore had a relevant personal interest such as to entitle him to lodge the complaint. [17] He further referred to Rule 2.8 of the Conduct and Client Care Rules6 which requires a lawyer to make a confidential report to the Law Society if he or she has reasonable grounds to suspect that another lawyer has been guilty of misconduct. He also referred to Rule 2.9 which provides a discretion...

9. [2024] NZIACDT 14 – SC v Murthy (23 April 2024) [pdf, 166 KB]

   ...Immigration) of Auckland. [4] SC, the complainant, is a citizen of Bangladesh. He arrived in New Zealand in 2018 on a false passport and with fabricated supporting documents. He made a refugee claim which was declined. An appeal to the Immigration and Protection Tribunal (the IPT) was dismissed on 30 November 2020.1 His claim was found not to be credible. A second refugee claim was refused on 30 June 2022 and an appeal to the IPT was dismissed on 22 September 2022.2 [5] Mea...

10. Heng v Walshaw [pdf, 550 KB]

    ...84 • Vendor warranties 86 The liability of the second respondent, Peter Vining, in tort 90 • The personal liability of a director in tort 92 • Mr Vining’s role 97 • Did Mr Vining breach the duty of care and if so was there loss? 100 • Ground levels 105 • The cladding and windows 106 • Sundry Defects 109 • Duty to remedy 110 • Summary of second respondent’s liability 111 CLAIM NO.00734 – HE...