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1. ENVC Hearing 6Oct14 s274 evidence chief Janet Moore Appendix 3 Makgill [pdf, 303 KB]

   ...people were equal and independent, and everyone had a natural right to defend his “life, health, liberty, or possessions”.12 Locke did not consider that the sole “right to defend” in the state of nature was enough, so people established a civil society to resolve conflicts in a civil way with help from the prevailing form of government. This essentially involved people surrendering a certain amount of their freedom to the state (through social contract) in exchange for protection...

2. Henton v CAC 20003 & Ors [2014] NZREADT 2 [pdf, 159 KB]

   ...appellant add to his evidence-in-chief orally, and be thoroughly cross examined by counsel, we accept that the above scenario caused him massive frustration and anxiety. Overall, his concern seemed to be that he was liable for a $20,000 commission fee to Barfoot’s but had not achieved an enforceable sale. [33] As things worked out, settlement of the sale took place on 12 January 2012 rather than the due date of 9 January 2012, but he incurred quite substantial sums in legal advice a...

3. Parlane v REAA Registrar [2013] NZREADT 94 [pdf, 176 KB]

   ...[13] The following general principles are now well established in considering whether an applicant can satisfy us that he is (or she) a fit and proper person to hold a real estate salesperson’s licence. [14] The standard of proof is the ordinary civil standard of on the balance of probabilities. However, to meet this standard sufficient and adequate information must be provided. The Supreme Court made this point in Westfield (New Zealand) Limited v North Shore City Council [2005] 2...

4. Naidu v Royal Australasian College of Surgeons [2018] NZHRRT 23 [pdf, 252 KB]

   ...As to monetary compensation, the primary difficulty he faces is establishing a causative link between the 11 day delay and the damages sought under PA, s 88(1)(b) for loss of benefit and s 88(1)(c) for humiliation, loss of dignity and injury to feelings. As to the request for an order to perform, the primary issue is whether Dr Naidu is entitled to the formula or mechanism by which the referee scores were arrived at. [6] Brief reference to the background facts is necessary. BACKG...

5. [2024] NZIACDT 01 RN v Li (8 Janurary 2024) [pdf, 268 KB]

   ...outlined Immigration NZ’s interview process and gave him a list of questions and answers to “learn” (the Q & A document). [18] The complainant said he was very distressed and realised he had been cheated. He would like to have his fees and costs refunded, reimbursement for his lost income and compensation for stress, so he could afford to leave New Zealand and return to his family. He itemised the compensation sought amounting to $215,000. [19] On an unknown date, Mr...

6. TR v NI LCRO 109 / 2011 (21 February 2013) [pdf, 199 KB]

   ...The complaints and the Standards Committee determination [37] TR and TS lodged their complaint with the New Zealand Law Society Complaints Service on 13 August 2010. It included the following allegations: During the preparation of a civil litigation case for a court hearing, NI destroyed the case, gave misleading legal opinion and used threats against TR and TS. While carrying out the attack on them, he knew it would cause them psychological damage and in so doing, weake...

7. BORA Iwi and Hapii of Te Rohe o Te Wairoa Claims Settlement Bill [pdf, 15 MB]

   . · CroWiile Kara una Law 2 December 2016 Attorney-General Iwi and Hapii of Te Rohe o Te Wairoa Claims Settlement Bill (PCO 18973/5.19) - Consistency with the New Zealand Bill of Rights Act 1990 Our Ref: ATT395/263 1. We have considered the Iwi and Hapu o Te Rohe o Te Wairoa Claims Settlement Bill ("the Bill") for consistency with the New Zealand Bill of Rights Act 1990 ("the Bill of Rights Act"). We advise the Bill appears to be consistent with the Bill of Ri

8. INZ (Calder) v Chiv [2019] NZIACDT 73 (21 October 2019) [pdf, 240 KB]

   ...Chiv. He represented these clients on 10 unsuccessful visa applications filed in August and September 2016. It is noted that none were charged 1 NF, SN, DQ, MH, NKQ, SH, and SC. 3 professional fees, as it was Mr Chiv’s practice to charge such fees only when the employment in New Zealand commenced. COMPLAINT [7] The complaint against Mr Chiv was lodged by Immigration New Zealand (Mr Darren Calder) with the Authority. It was sig...

9. LCRO 81/2018 QQ v RR (26 November 2019) [pdf, 548 KB]

   LCRO 81/2018 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee BETWEEN QQ Applicant AND RR Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction Mr QQ has applied for a review of a decision by the [Area] Standards Committee [X] which concluded there had b

10. Naera v Fenwick - Whakapoungakau 24 Block (2010) 11 Waiariki MB 191 (11 WAR 191) [pdf, 122 KB]

    ...proper approach to the interpretation of section 98 requires the Māori Land Court to treat the fund as a Special Fund.” While we acknowledge that the difficulties for owners of multiply owned Māori land in instructing counsel and obtaining civil legal aid as identified in Re the Proprietors of Rangatira Point and Huriharama Point (1984) 6 Waiariki ACMB 348 still exist, that is a matter for Parliament to resolve through the enactment of appropriate legislation.” [14] The Cou...