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1. Coronial Services Annual Report 2016-2017 [pdf, 1.8 MB]

   Annual Report 2016 to 2017 Office of the Chief Coroner of New Zealand Kai Tirotiro Matewhawhati Rangatira o Aotearoa http://www.justice.govt.nz/ Co ro ni al S er vi ce s A nn ua l R ep or t 2 01 6– 17 2 Providing answers for families Co ro ni al S er vi ce s A nn ua l R ep or t 2 01 6– 17 1 contents Introduction 3 Coronial Services of New Zealand 4 Coroners’ contributions 5 Deputy Chief Coroner Brandt Shortland 5 Coroner David Robinson 6 Jurisdict...

2. DV, RL, YS and TB v AR LCRO 316/2013 [pdf, 228 KB]

   ...comprehensive reporting letter, and obtained his clients’ authority for release of funds. (e) Fees charged were accepted. (f) Concerns raised regarding fees rendered had been addressed at a meeting in December 2012, and that issue, together with other matters, had been resolved. (g) There was no apparent justification for the considerable delay between his reporting to his clients on 22 September 2009 and the complaint to the New Zealand Law Society being made nearly three ye...

3. Committee on the Elimination of All Forms of Racial Discrimination – concluding observations 18th-20th reports addendum [pdf, 257 KB]

   ...Civil enforcement 9. Under the Bill, initial complaints about harmful digital communications are made to an “approved agency”. The approved agency will, where a complainant has suffered serious emotional distress, attempt to resolve the matter through negotiation, persuasion and other non-coercive measures. 10. Where the approved agency is unable to resolve the matter, a person may apply to the court for a civil remedy. A person may apply for an order where a digital commun...

4. CAC10017 v Xu [2013] NZREADT 16 [pdf, 46 KB]

   ...have been complained about under the 1976 Act and thus this charge falls within s.172. Issue 2. Was in any event Mr Xu’s conduct seriously negligent so as to constitute breach of s.73? [24] Mr Rea referred the Tribunal to a decision of Justice Tompkins in Sime v The Real Estate Institute of New Zealand Inc (HC, Auckland, M73/86, 19 August 1986). This case was frequently cited by the Real Estate Agents Licensing Board as authority for the proposition that a very high thr...

5. Complaints Assessment Committee 403 v Shalendra Goundar [2017] NZREADT 76 [pdf, 190 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2017] NZREADT 76 READT 061/16 IN THE MATTER OF charges laid under s 91 of the Real Estate Agents Act 2008 BROUGHT BY COMPLAINTS ASSESSMENT COMMITTEE 403 AGAINST SHALENDRA GOUNDAR Defendant Hearing 30 November 2017 Tribunal: Hon P J Andrews, Chairperson Ms N Dangen, Member Ms C Sandelin, Member Appearances: Mr M Hodge, on behalf of the Committee Ms...

6. BORA Road User Charges Bill [pdf, 315 KB]

   ...Bill 6. The Bill introduces a regulatory framework for electronic management systems. The Bill also focuses on compliance management and so contains an assessment system. To this end, cl 38(1) requires an electronic systems provider to report a matter to the RUC collector where the electronic systems provider knows, or has reasonable grounds to suspect that any electronic system appears to be tampered with. Clauses 38(3) and (4) also require the electronic systems provider not disc...

7. BORA Freedom Camping Bill [pdf, 321 KB]

   ...the Bill is likely to be considered by the Economic Growth and Infrastructure Committee at its meeting on Wednesday, 11 May 2011. The final version of the Bill only became available on Monday 9 May 2011, and as such this advice has been drafted as a matter of urgency. 2. We have concluded that the Bill appears to be consistent with the Bill of Rights Act. In reaching that conclusion, we have considered potential issues of inconsistency with ss 18 (right to freedom of movement), 21 (right...

8. Committee of Management of Mangatawa Papamoa Blocks Incorporation - Lot 1 DPS 65413 (2018) 164 Waikato Maniapoto MB 69 (164 WMN 69) [pdf, 305 KB]

   ...not prerequisites nor are they rigid rules. It’s important to bear in mind that the Court retains a discretion and the ultimate test is whether the applicant has established circumstances which, in their totality, amount to a miscarriage of justice which justifies a rehearing. The onus is on the applicant to establish those circumstances. Step 1 – The Section 43(2) Test [18] The reserved decision is dated 9 February 2018. The rehearing application was filed on 16 April 2018...

9. [2021] NZACC 15 - Johnstone v ACC (14 January 2021) [pdf, 158 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 15 ACR 27/18 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN OWEN JOHNSTONE Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 25 November 2020 Heard at: Wellington/Te Whanganui-a-Tara Appearances: Mr P Sara for the appellant Mr I Hunt for the respondent...

10. [2021] - NZREADT 09 - Complaints Assessment Committee 1905 v Papuni (24 February 2021) [pdf, 265 KB]

    ...been both emotionally and financially costly, and he has suffered from ongoing stress and worry. He is now approaching retirement age, and it will be very difficult for him to obtain other employment at a similar level. Notwithstanding those matters, he acknowledges and accepts that a disciplinary order is required. 9 Referring to Prasad v Real Estate Agents Authority [2020] NZHC 335. [38] Mr Perry submitted that both Taylor and Azimi are distinguishable, as in both case...