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1. Asad v Patel [2015] NZIACDT 1 (21 January 2015) [pdf, 174 KB]

   ...Patel’s actions is significantly reduced as he was not a party to the offence. [4] In addition, Mr Patel failed to complete the client engagement processes; in particular, not having a written agreement and not documenting fees. As such, he breached clauses 1.5 and 8 of the Code. Following those breaches, he failed to refund fees, in doing so he breached clause 3(d) of the Code. [5] The full circumstances are set out in the substantive decision. The Parties’ Positions on Sanctions...

2. KV v WC LCRO 102 / 2011 (15 February 2012) [pdf, 59 KB]

   ...that he had checked with her after she had moved in (or took the key) that everything was okay. [4] The Applicant said the Practitioner should have checked before she moved in not after. She said that the public relies on lawyers to check on clauses in sale deals, and she claimed he had not checked until she had moved in. The Applicant said that between 2006 and 2009 she addressed the water problem at the end of her section, and paid to have the matter rectified. She had wanted...

3. ID v SD Ltd [2021] NZDT 1509 (4 February 2021) [pdf, 184 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2021] NZDT 1509 APPLICANT ID RESPONDENT SD Ltd SECOND RESPONDENT School 1 Board of Trustees The Tribunal orders: SD Ltd is to pay the sum of $7,200.00 to ID on or before Thursday 18 February 2021. Reasons: 1. On 5 August 2014, ID entered into a five-year “Franchise Agreement” with SD Ltd to operate a cleaning b

4. [2018] NZEnvC 066 Hamilton City Council [pdf, 20 MB]

   ...district: provided that the council shall not proceed to stop any road or part thereof in a rural area unless the prior consent of the Minister of Lands has been obtained; ... [42] Schedule 10 to the LGA 1974 sets out the procedure to be followed . Clauses 1, 2 and 3 of Schedule 10 require the Council to, among other things, prepare a plan of the road proposed to be stopped, explain why it is to be stopped, and outline the purposes to which the stopped road will be put. The Council mu...

5. ENV-2016-AKL-000206 Cato Bolam Consultants Limited v Auckland Council [pdf, 10 MB]

   ...AUCKLAND IN THE MATTER AND IN THE MATTER AND IN THE MATTER BETWEEN AND ENV-2016-AKL- of the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 (RMA) of an appeal under section 156( 1) of the LGATPA against a decision of the Auckland Council rejecting a recommendation of the Auckland Unitary Plan Independent Hearings Panel (Hearings Panel) on the proposed Auckland Unitary Plan (Proposed Plan) of Proposed Plan...

6. Martin, G N - EiC (5 Feb 2021) [pdf, 1.2 MB]

   ...because those rules protect or relate to water. [4] The WPPC introduces a short term (6 year) controlled activity consent pathway for the replacement of deemed permits, and the replacement of water permits that will expire prior to 31 December 2025. It also introduces a substantially more burdensome pathway, as an alternative to the controlled activity pathway, for those applicants seeking a longer consent duration (out to 2035). Most applicants will only be able to satisfy the control...

7. Moonen v Accident Compensation Corporation (Rehabilitation – Aid for Appliance) [2024] NZACC 186 (20 November 2024) [pdf, 354 KB]

   ...6 August 1981. [4] In this case, Mr Moonen’s covered injuries need to be seen in context and for that reason Mr Moonen’s medical history leading up to cover being granted is set out and considered. Background to Personal Injuries Cover [5] The GP notes for 6 August 1981 recorded that Mr Moonen had been experiencing – “intermittent lower back pain - now more often 3 x weekly.” [6] Subsequent GP visits record: (a) On 8 October 1981, “Back Classes — aches hyperextensi...

8. BORA CYPF (Oranga Tamariki) Legislation Bill - supplementary advice [pdf, 199 KB]

   ...definition of “child” in the Vulnerable Children Act to mean “a person who is under the age of 18 years”. 17. These provisions draw a distinction between those aged 17 and those aged 18 and above for the purposes of the youth justice system. The clauses arguably create a disadvantage to those aged 18 and above as these persons will not have access to the benefits provided by the youth justice system. 18. For the purposes of this analysis, we therefore consider this clause to...

9. BORA Hutt City Council (Graffiti Removal) Bill [pdf, 284 KB]

   Hutt City Council (Graffiti Removal) Bill 25 October 2011 ATTORNEY-GENERAL LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: HUTT CITY COUNCIL (GRAFFITI REMOVAL) BILL 1. We have considered whether the Hutt City Council (Graffiti Removal) Bill (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). The Bill was introduced into the House of Representatives on 29 September 20

10. BORA Port Nicholson Block (Taranaki Whanui ki Te Upoko o Te Ika) Claims Settlement Bill [pdf, 283 KB]

    ...Settlement, in the context of a negotiated settlement, was consistent with the right of access to the courts under art 14(1) of the International Covenant on Civil and Political Rights, which is comparable to s 27(2) [4]. Whether s 27(3) issue 7. Clause 19(3), which excludes damages as a remedy for any failure of the Crown to comply with a protocol under Part 2 of the Bill may be seen to raise the issue of compliance with s 27(3) of the Bill of Rights Act, namely the right to bring civi...