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1. BU v DG LCRO 276 / 2011 (6 November 2013) - Penalty Decision [pdf, 219 KB]

   ...breached three separate but linked rules, resulting in a single finding of unsatisfactory conduct against him. While Mr DG’s breaches are not grave, he is an experienced practitioner who might be expected to have known better. However, Mr DG requested guidance early on around the extent to which practitioners should involve themselves in negotiations over another lawyer’s outstanding account which is the subject of a complaint to the NZLS.2 That was a responsible approach to ta...

2. Newbury & Ors [2011] NZWHT Auckland 3 [pdf, 91 KB]

   ...notice of the decision. On receiving such an application I must decide whether or not the claim meets the eligibility criteria. [4] I have considered the following documents in conducting my review: The application for review and attached information. The assessor’s report dated 10 August 2010. The letter from John Bansgrove of the Department of Building and Housing to the claimants dated 6 October 2010 advising that the Chief Executive had decided that the claim...

3. Okaia Trust [2011] NZWHT Auckland 22 [pdf, 90 KB]

   ...certificate until some time after the date of the final inspection. In such cases the reasons for the delay in issuing the CCC are relevant. Ultimately however a decision as to when a house is built is a matter of judgment based on all the information that is available to the decision maker. [10] Lang J also considered the effect of s43(1) of the Building Act 1991 which provides as follows: 43 Code compliance certificate (1) An owner shall as soon as practicable advi...

4. Galvin [2011] NZWHT Auckland 10 [pdf, 91 KB]

   ...issuing of the interim Code Compliance Certificate is not the relevant date for determining when the dwelling was built. She notes that the building consent that resulted in the interim Code Compliance Certificate related to the division of a former warehouse into a number of apartments and did not include the fit out of those apartments or other work undertaken under building consent 64953 which was not issued until 11 May 2000. That building consent included a fit out to turn an...

5. Turner v Auckland Council [2012] NZWHT Auckland 50 [pdf, 97 KB]

   ...for costs against Capstone which has been placed in liquidation. The liquidator, Digby Noyce, has consented to the Tribunal determining the application in accordance with s 248(1)(c)(i) of the Companies Act 1993. Mr Noyce has also filed a pro-forma opposition to an award of costs being made against Capstone in reliance upon “the applicable common law principles that regulate the Tribunal’s approach to awarding costs.” ISSUES [3] The issues are:- i. Did Capst...

6. 2017 NZSSAA 027 (16 June 2017) [pdf, 104 KB]

   ...receives, a benefit, pension, or periodical allowance granted elsewhere than in New Zealand; and (b) the benefit, pension, or periodical allowance, or any part of it, is in the nature of a payment which, in the opinion of the chief executive, forms part of a programme providing benefits, pensions, or periodical allowances for any of the contingencies for which benefits, pensions, or allowances may be paid under this Act or under the New Zealand Superannuation and Retirement Inc...

7. BORA Land Transport Amendment Bill [pdf, 127 KB]

   ...Racing) Amendment Bill. In the light of subsequent case law we advised you that the proposed vehicle impoundment was not inconsistent with the protection against double jeopardy contained in section 26(2) of the Bill of Rights Act. 8. However, you did form the view that the vehicle impoundment regime in the Land Transport (Street and Illegal Drag Racing) Amendment Bill was inconsistent with the protection from unreasonable search and seizure set out in section 21 of the Bill of Rights Ac...

8. ZN v CH LCRO 168/2014 [pdf, 117 KB]

   ...Committee in which the Standards Committee determined to take no further action in respect of Ms ZN’s fees complaint against Mr CH. Background [2] Ms ZN engaged Mr CH to act for her and her daughter, and subsequently a company which they formed, concerning the purchase and conveyance of a residential property. [3] Ms ZN initially approached Mr CH prior to the auction at which she purchased the above mentioned property. The purchase agreement allowed for a nomination. Ms ZN...

9. BORA Register of Pecuniary Interests of Judges Bill [pdf, 299 KB]

   ...Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004, would be the Registrar for the purposes of the Bill. The functions of the Registrar are to: a) compile and maintain a register of pecuniary interests of judges b) publish the information contained in returns of pecuniary interests, and the name of any judge who fails to submit any return, and c) provide advice and guidance to judges about their obligations under the Bill. 5. The Bill applies to all judges of the Supre...

10. BORA Coroners Amendment Bill [pdf, 297 KB]

    ...this purpose is affirmed by s 25(a) NZBORA, which protects the right to trial by an independent and impartial court, and s 27 rights to natural justice. 25. A mandatory retirement age may be rationally connected to achieving those purposes, as it forms part of a wider range of statutory controls on coronial service (such as fixed income and protection against removal from office) which, taken together, instil security of tenure. 26. The limit of 70 years reflects a proportionate respon...