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

   ...example, where a separate licensee is not required to act as an intermediary negotiator between the client and the licensee purchaser. However, it is submitted for the Authority that the Committee was correct to find that, in cases involving most consumer clients, steps of that kind will be required in the interests of fairness to protect the client and to avoid the perception of conflict of interest. Mr Hodge adds that Barfoot & Thompson’s policy does not provide for such measure...

2. OWRUG Updated Supplementary S Dicey Planning 24 March 2021 [pdf, 789 KB]

   ...is a lack of clarity about what evidence might be required or accepted to show that irrigation areas have not expanded. For larger schemes, which can cover thousands of hectares and have hundreds of shareholders, this would be complex and time consuming. As such it does not serve the process based purpose of PC7. 3 PP-1035600-2-391-V1 12. In addition, the Resource Management (National Environmental Standards for Freshwater) Regulations 2020 effectively manages expansion...

3. Waratah Trust v CAC 20004 & Ors [2014] NZREADT 20 [pdf, 172 KB]

   ...sub-subsection was considered in Quin v REAA [2012] NZHC 3557 where, at [44], the High Court (per Brewer J) summarised the purpose of the 2008 Act as “... the regulation of the real estate industry so as to promote and protect the interest of the consumers. This includes conferring on regulators powers to grant consumers relief from harm, resulting from licensees acting contrary to the standards required of them”. Justice Brewer further held that: “[58] In my view, the wording o...

4. LCRO 193/2017 AA v BB and CC (29 November 2019) [pdf, 153 KB]

   ...Firm] partnership on 31 December 2018 and was now practising as a barrister. He confirmed that Ms CC represented [NUA] as junior counsel from July 2015 to early October 2017. Ms CC’s involvement with the [NUA] file ended in October 2017, consequential upon resigning her employment position with [Law Firm]. [53] In response to the submissions, Mr BB submitted that: (a) Subsequent to Mr AA filing submissions with the LCRO in November 2017, there have been nine judgments delivere...

5. IncreasingRevenuefromCourtsandTribunalFeesandCollectionsServices.pdf [pdf, 1.6 MB]

   ...collection services Proposal 1 This paper seeks agreement to a package of proposals that support the effective provision of Courts and Tribunal services. 2 The proposals will increase revenue collected from Courts and Tribunals, including: 2.1 a Consumers Price Index (CPI) inflation adjustment to fees in a range of Tribunals, the Civil District and High Courts, Court of Appeal, and Supreme Court, with effect from 1 July 2024, 2.2 a 10 percent increase to fees in the Criminal Dis...

6. Federated-Farmers-of-New-Zealand.pdf [pdf, 556 KB]

   ...supports the relief sought in relation to clause 5.a (deletion of 5.a). Federated Farmers supports in part the relief sought in relation to paragraph 5.b however, considers reference to LUC 7 and 8 should also be deleted from clause 5.b and consequential relief sought by the Federated Farmers appeal. Un-grazed Vegetated Buffer Federated Farmers considers the setback in paragraph 5c is too restrictive and ought to be no more than 5m (which was the standard in the draft NES pr...

7. Supplementary Government Response to Law Commissions report [pdf, 479 KB]

   ...added to the grounds in section 41(1) on which an agency may extend the time limit for responding to a request. Not having enough time to carry out due process, including checks and balances, can be a contributing factor in privacy breaches. A consequential amendment should be made to section 15A of the Official Information Act. 32 Principle 12(2) should be redrafted so that the meaning of “assign” is clearer. Principle 12 relates to the use of unique identifiers Minor and tec...

8. AN v DH LCRO 119/2015 (23 December 2015) [pdf, 97 KB]

   ...conduct decision, the Family Court’s comments that Ms AN’s “behaviour was out of character” and that the Court viewed “Ms AN’s withdrawal from the lawyer for Child panel as an unfortunate outcome”. [43] The Committee then focused on the consumer protection purposes of the Act saying: 8. Consumers of legal services need to be protected from behaviour which does not meet a lawyer’s professional obligations. Given there is an overriding professional duty to the court, th...

9. 2021-07-07 ORC - Closing Submissions [pdf, 422 KB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change - Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA BET

10. Ashworth v Kent (Strike-Out Application) [2018] NZHRRT 55 [pdf, 475 KB]

    ...Kent. On 2 July 2018 Ms Ashworth commenced the present proceedings following a report by the Health and Disability Commissioner published on 9 March 2018 in which the Commissioner found Dr Kent had breached the Code of Health and Disability Services Consumers’ Rights (the Code) in respect of Ms Ashworth. [2] By application filed on 25 July 2018 Dr Kent and Fendalton Eye Clinic Ltd (Fendalton Eye Clinic) seek orders dismissing (or in the alternative striking out) Ms Ashworth’s claim...