Search Results

1. 04-Appendix-Four-DCR_Part1.pdf [pdf, 23 MB]

   ...and any unauthorized use or reliance is at the recipient’s own risk. Stantec has assumed all information received from the Client and third parties in the preparation of the Report to be correct. While Stantec has exercised a customary level of judgment or due diligence in the use of such information, Stantec assumes no responsibility for the consequences of any error or omission contained therein. This Report is intended solely for use by the Client in accordance with Stantec’s con...

2. CA v XU LCRO 196 / 2010 (18 May 2011) [pdf, 157 KB]

   ...cases where a solicitor is acting for more than one party “the involvement of a solicitor has too often been a formality or merely served to reinforce [one party’s] wishes and undermine any scope for the [other party] to exercise an independent judgment whether to comply”. 5 .… … Any consent to a lawyer continuing to act in the face of a conflict of interest must be given freely and the client must be made fully aware of the consequences of such consent. It must be more th...

3. Justice Sector Prison Projection Report 2018 [pdf, 629 KB]

   ...consultations with experts from the Ministry of Justice, New Zealand Police, the Chief District Court Judge’s chambers, the Department of Corrections, the Treasury and Crown Law. The assumptions were based on analysis of past trends as well as expert judgement from justice sector decision makers on future trends. The key assumptions used in the projections are: • Number of new prosecutions – especially for more serious cases • Number of people starting custodial remand...

4. CAC 20004 v Li and Ors [2014] NZREADT 67 [pdf, 146 KB]

   ...[2014] NZSC 55 dealing with different levels of culpability of company directors for Securities Act 1978 offending. In particular, the distinction drawn by the sentencing Judge, whose approach was upheld in the Supreme Court, between an error of judgment or carelessness, and gross negligence which amounts to a major departure from the standard of care to be expected when a director performs a statutory duty. [36] Mr Hodge submits that whether the language used is of a serious departure...

5. Canterbury Westland Standards Committee v Horsley [2014] NZLCDT 47 [pdf, 85 KB]

   ...periods when she had abused drugs and had poor mental health. All of this was known to Mr Horsley at the time when he commenced this relationship with her. The relevance of these matters is that they cast enormous doubt on this practitioner’s judgment. [34] Having said that we accept the practitioner’s assurance in his statement of March 2014 to the Tribunal that he takes full responsibility for his actions. [35] In terms of mitigating features as to both charges we accept tha...

6. LCRO 137/2015 RR v BN, SF, WE, IM and PL (3 August 2018) [pdf, 112 KB]

   ...view on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [19] More recently, the High Court has described a review by this Office in the following way:2 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determ...

7. Ashcroft v Phillips - Mohaka A4 (2005) 180 Napier MB 210 (180 NA 210) [pdf, 222 KB]

   TAKITIMU DISTRICT Hearing: Appearances: Judgment: UNDER IN THE MATTER OF APPLICANT RESPONDENT 3 May 2005 Minute Book: 180 NA 210 A20050005008 Section 19(1) of Te Ture Whenua Maori Act 1993 Mohaka A4 Block - Application for injunction Graham Leslie Ashcroft Bessie Alice Elers Phillips Mr Adrian Coleman, counsel for Graham Leslie Ashcroft Mr Bob Wall is, counsel for Bessie Alice Elers Phillips 30 May 2005 DECISION OF DEPUTY CHIEF JUDGE W W ISAAC Application...

8. Erlbeck - Tikitiki D9 Incorporation (2007) 171 Gisborne MB 55 (171 GIS 55) [pdf, 260 KB]

   171 Gisborne MB 55 IN THE MAORI LAND COURT OF NEW ZEALAND TAIRA WHITI DISTRICT A20050016846 UNDER Section 269(4), Te Ture Whenua Maori Act 1993 Hearing: Judgment: IN THE MATTER OF Tikitiki D9 Incorporation 14 February 2006 6 December 2006 (Heard at Gisborne) 24 April 2007 HANAERLBECK &IRITANA TAWHIWHIRANGI Applicants DECISION OF DEPUTY CHIEF JUDGE W W ISAAC Introduction (l] This is an application by Hana Erlbeck & Iritana Tawhiwhirangi pursuant to section...

9. McAuley v The Real Estate Agents Authority CAC (416) NZREADT 22 [pdf, 181 KB]

   ...appeals against that decision. Background [2] The appellant, Mr McAuley, made a complaint to the Real Estate Agents Authority (“the Authority”) on 19 June 2017 against the second respondent. The second respondent will be described in this judgment as “the licensee”. She is a registered salesperson under the Real Estate Agents Act 2008 (“the Act”). The complaint arose out of the purchase by the appellant of a property situated at 26 Combes Road, Auckland (“the...

10. Canterbury Westland Standards Committee 2 v Woodward [2020] NZLCDT 9 [pdf, 116 KB]

    ...December 2019, the Tribunal suspended the practitioner for nine months, and made directions concerning an undertaking which he was to file with the New Zealand Law Society (“NZLS”). The Tribunal reserved its reasons for the decision. This judgment formulates those reasons. Background [3] As set out in the submissions for the Standards Committee there are two themes of importance underlying these charges. The charges emerge from a series of transactions (complicated, and reg...