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1. Anti-Money Laundering and Countering Financing of Terrorism - Cabinet Paper 1 - June 2016 [pdf, 254 KB]

   ...Zealand (AML/CFT supervisors), New Zealand Police, the New Zealand Customs Service, the Ministry of Foreign Affairs and Trade and The Treasury have been consulted on this proposal. The Department of the Prime Minister and Cabinet has been informed. Human Rights 60. The reforms are not expected to raise issues with the issues with the New Zealand Bill of Rights Act 1990. Legislative Implications 61. A Bill will be required to implement the reforms. Currently, the Legislation progr...

2. Kennedy v Real Estate Agent Authority (CAC 403) & Lonergan [2016] NZREADT 81 [pdf, 186 KB]

   ...Complaint 1. The second respondent submits that allowing the T’s to have a key is not misconduct but rather a case akin to the decision of Ross v REAA and Nickless [2013] READT 109. In that case an agent was “placed under intense pressure as a human being and sought to smooth the way for a settlement without realising that important issues can unexpectedly surface”. The second respondent submits that this case is similar in that Mr Lonergan was placed under pressure and soug...

3. Holmqvist v Real Estate Agents Authority (CAC 403) & Coma [2017] NZREADT 15 [pdf, 229 KB]

   ...Incorrect quote for marketing [19] The appellants referred the Tribunal to the second respondent’s response to their complaint, in which he said: I acknowledge there was a mistake on one of the multiple amount of my marketing plan. It was human error and, as soon as the clients showed that they were not agreeable to pay, I did take responsibility for the mistake and the shortfall. … the complainants do not take into account that I provided, at no costs for them: one free ¼...

4. [2019] NZEnvC 061 Tonea Investments NZ Ltd v Auckland Council [pdf, 6.1 MB]

   ...Brabant's submission in closing to that effect. and also his concession that there will in an industry like film making, be accessory activities which might fit within Item A 17 in Activity Table H 17.4.1 about accessory offices, such as accounts, human relations , reception staff, in-house professionals and the like. The descriptions of personnel and activities within each of the five phases go significantly beyond such pure accessory activities, and form part of the manufacturi...

5. [2020] NZEmpC 160 Van Kleef v Alliance Group Ltd [pdf, 271 KB]

   ...bargaining rounds; (b) Searched through Alliance’s electronic files in relation to the relevant bargaining rounds; (c) Had Alliance’s IT search across Alliance’s systems for search terms “Maria” and “Kleef” including searching across Human Resources documents, the Chief Executive Officer’s documents, and the wider electronic system; (d) Reviewed documents disclosed during the Employment Relations Authority investigation meeting, including those in the bundle of...

6. Proactive release – Amendments to the District Court Rules 2014, High Court Rules 2016, Court of Appeal (Civil) Rules 2005, Court of Appeal (Criminal) Rules 2001, Supreme Court Rules 2004, and Criminal Procedure Rules 2012 [pdf, 1.7 MB]

   ...statutory commencement date. Compliance 18. The regulatory changes comply with each of the following: 18.1. the principles of the Treaty of Waitangi; 18.2. the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 18.3. the principles and guidelines set out in the Privacy Act 2020; 18.4. relevant international standards and obligations; and 18.5. the Legislation Guidelines (2018 edition), which are maintained by the Legislat...

7. [2020] NZEmpC 52 Dillon v Tullycrine Ltd [pdf, 230 KB]

   ...[30] This case arises in the context of a family arrangement. In such a context, the Courts have recognised that there is a presumption of fact against an intention of creating legal relations. This presumption derives from experience of life and human nature which shows that, in such circumstances, men and women usually do not intend to create legal rights and obligations but intend to rely solely on family ties of mutual trust and affection.4 [31] However, I acknowledge the poin...

8. Green v De'Ath [2018] NZIACDT 43 (1 November 2018) [pdf, 220 KB]

   ...intervention and sanctions by a disciplinary body. The public interest does not warrant every technical breach of the Code resulting in disciplinary proceedings. The Tribunal acknowledges the reality of day-to-day professional practice and isolated human error.8 This principle also has statutory recognition, to the extent that the Registrar can decide not to pursue a complaint which discloses only a trivial or inconsequential matter.9 [54] However, I do not accept that Mr De’At...

9. [2020] NZEmpC 81 AlKazaz v Asparona Ltd [pdf, 272 KB]

   ...fraught with difficulties. These include the difficulties always associated with an attempt to set aside a s 149 Record of Settlement. They also include limitation and jurisdiction issues. For instance, claims are made for remedies under the Human Rights Act 1993 and the Privacy Act 1993; outside the jurisdiction of this Court. There may also be difficulties as to limitation relating to the question of whether personal grievances have been raised in time or raised at all. Furth...

10. [2021] NZEnvC 169 Prime Property Group Limited v Wellington City Council [pdf, 261 KB]

    ...vehicles per hour southbound in the morning, and northbound in the evening. There are c650 cyclist movements per day - roughly equally divided between north and southbound. [18] Mr Hamish Mackie was called by Waka Kotahi to give evidence about human factor issues related to road safety. He has considerable qualifications, background 5 and experience in the field. He noted that the existing north and south billboards (ie those to be replaced under the proposal) have an average lu...