Search Results

1. GT v TJ LCRO 10 / 2011 (20 January 2012) [pdf, 57 KB]

   ...He contended that his position as „primary representative‟ of the Board meant that he was also to be considered as the client. [7] The complaints were investigated by the Standards Committee, its processes ensuring that all information and responses provided by each of the parties was forwarded to the other with an opportunity to respond. Submissions had also been forwarded by other lawyers in the Practitioner‟s firm, these also being sent to the Applicant for comment. Sta...

2. IY v AO LCRO 74 / 2011 & 85 / 2011 (18 June 2012) [pdf, 78 KB]

   ...Standards Committee following receipt of a letter dated 24 November 2010 from Mr X enclosing a report to the Committee from a Committee member which referred to a possibility of a finding of misconduct. The letter informally sought any comments in response from Mr IY as well as any comment on potential sanctions that could be imposed. [8] Where a Standards Committee intends to inquire into a complaint, the Committee’s Procedures Manual provides that a formal Notice of Hearing be p...

3. Hoete v Faulkner Motiti North C No 1 Block (2017) 140 Waikato Maniapoto MB 1 (140 WMN 1) [pdf, 173 KB]

   ...construction at a location of her choice. They also submit that they are unable to use the airstrip on the block as long as the building remains in situ and furthermore that they have been prevented from using the airstrip for over a year. [10] In response to issues raised by the Hoetes, Liza Faulkner filed an affidavit dated 26 April 2017 stating that it would be a difficult and expensive process to dismantle and remove the house prior to the appeal. Discussion [11] I am satis...

4. BORA Copyright (Infringing File Sharing) Amendment Bill [pdf, 294 KB]

   ...economic effect on their businesses. 10. The regime will not affect the expression of ideas associated with digital works. The Copyright Act protections for fair dealing will also continue under the regime.[4] The regime provides for a graduated response where three or more notices of file sharing copyright infringements will allow a copyright owner to seek civil remedies through the Tribunal. The remedies are limited to $15,000 at the Tribunal and six months suspension of internet a...

5. BORA Gambling Amendment Bill (No 2) [pdf, 385 KB]

   ...operate as originally intended. The purpose of this Act is to: (a) control the growth of gambling; (b) prevent and minimise the harm caused by gambling, including problem gambling; (c) authorise some gambling and prohibit the rest; (d) facilitate responsible gambling; (e) ensure the integrity and fairness of games; (f) limit opportunities for crime or dishonesty associated with gambling; (g) ensure that money from gambling benefits the community; and (h) facilitate community inv...

6. Murray - Ohawini B1 (2020) 217 Taitokerau MB 99 (217 TTK 99) [pdf, 217 KB]

   ...in accordance with s 17(2)(f). Some matters for the owners to consider are as follows: 217 Taitokerau MB 104 (a) The owners may be better served by constituting an ahu whenua trust over Ohawini B No 1 and appointing trustees who are then responsible for the management, occupation and development of the land. Those trustees would have the ability to grant licenses to occupy various parts of the land (not already subject to any occupation orders). (b) As an alternative the...

7. ENV-2017-AKL-000119 Federated Farmers of New Zealand v Auckland Council [pdf, 2.5 MB]

   ...Hazardous Substances and New Organisms Act 1996. Under that legislation, central government has established a specialist agency, the Environmental Protection Authority (EPA), (formerly the Environmental Risk Management Authority, ERMA), which has responsibility for GMOs as such, and which is required to assess the risks inherent in the release of any GMOs. Once this is done and a GMO approved for release, then it is not scientifically or legally possible for the Council (or anybody) to d...

8. Mita v Kumeroa - Kaitangata 4B and 3A (2006) 178 Aotea MB 140 (178 AOT 140) [pdf, 294 KB]

   ...boundary fences. [2] Mr Kumeroa rejects these claims and says there was never any agreement to maintain the fences. All he was required to do was pay the rates. In any case, Mr Kumeroa says that he had left the land in approximately 1998 so any responsibility that he might have had ended then. [3] The matters for determination are whether the tests for firstly the issue of an injunction and secondly for the payment of damages have been satisfied. 178 Aotea MB 141 [ 4] At the c...

9. BORA Children, Young Persons, and Their Families Amendment Bill [pdf, 138 KB]

   ...is a sufficiently important objective and the amendments in the Bill are a rational way of achieving that objective. 16. The limitation is rationally and proportionately connected to the objective as the age of 18 is often used as a proxy for the responsibility and maturity sufficient to make significant financial and legal decisions. This is reflected, for example, in the voting age and our residential tenancies provisions. 17. We therefore consider this limit on s 19(1) is justified i...

10. Evans - Tokata A14 (2005) 82 Tauranga MB 151 (82 T 151) [pdf, 327 KB]

    ...178): 11 For the reasons I have given above I consider section 16(2)(b) proclaims that, subject to the stated exceptions, an adoption order severs the link with the natural parents and places on the adoptive parent or parents alone the complete responsibility for the adopted child. II The present case is not one of the exceptions set out in the Adoption Act, nor is there any provision in Te Ture Whenua Maori Act 1993 which distinguishes between adopted children and other childre...