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1. E86 Luke Faithfull - Planning - EIC - Mana Whenua in opp [pdf, 1.1 MB]

   ...which should form the Project’s forum. This position is supported by the clear wording in the Ngā Mana Whenua o Tāmaki Makaurau Collective Deed about the significance of the Waitematā to the mana whenua identified in the Collective Act: 10.1 Ngā Mana Whenua o Tāmaki Makaurau and the Crown acknowledge and agree that - 10.1.1 the Waitematā and Manukau harbours are of extremely high spiritual, ancestral, cultural, customary and historical importance to Nga Mana Whenua o Ta...

2. Cooper v Standards Committee LCRO 280/2013, 281/2013, 324/2013, 325/2013, 34/2014, 118/2014 (17 April 2015) [pdf, 406 KB]

   ...42 R v Suttie [2007] NZCA 201; BL v R [2013] NZHC 2878; Biernat v R [2013] NZHC 3478; R v D [2014] NZHC 2233; Davey [2010] NZHPDT;397 D [2003] NZMPDT 235. 43 Last page of CC report of 18 February 2015. 21 [101] Dr CC says that the combination of more marked impairment and “the presence of depressive symptoms” greatly increase the risk of suicidality. This prediction appears to be based on the generalisation that a “rate of suicide in those

3. [2021] NZEmpC 199 Lawton v Steel Pencil Holdings Ltd [pdf, 415 KB]

   ...Regulatory impact statement: Strengthening Enforcement of Employment Standards (27 July 2015). 12 Ministry of Business, Innovation and Employment “Strengthening enforcement of employment standards” <https://www.mbie.govt.nz/dmsdocument/1019-cabinet-paper-2015-strengthening- employment-standards-pdf>. 13 Brill v Labour Inspector [2017] NZCA 169, [2017] ERNZ 236 at [16]. 14 Labour Inspector v Fernando [2020] NZEmpC 66, [2020] NZERA 228 at [33]; Southern Taxis Ltd v Labour...

4. [2020] NZREADT 30 Cavanagh (23 July 2020) [pdf, 545 KB]

   ...six years, has acted a property manager for Ms Lockwood, and that he has been Power of Attorney and cared for his elderly parents, also supports a conclusion that Mr Cavanagh is not now of the same character as he was when he was convicted. [101] Looking at all of the evidence in the round, and taking a forward-looking approach, while his convictions raises the question as to whether Mr Cavanagh is a fit and proper person to hold a salesperson’s licence, we must also take into acc...

5. [2024] NZREADT 10 - IH v REAA (12 April 2024) [pdf, 215 KB]

   ...factors: 1. Neither the licensee nor anyone else knew that asbestos was present, at the time of the purchase. 2. The mere possibility of asbestos, unless more probable than not or a significant potential risk, is not a defect engaging r 10.7. [101] We find that there was no hidden or underlying defect triggering the obligations in r 10.7. [102] It seems to us that if there is no defect requiring disclosure, it cannot be said the licensee breached any other rule in relation t...

6. LCRO 181/2019 SL v GB (29 January 2021) [pdf, 281 KB]

   ...March Mr GB provided them with three payment options to consider over the Easter break. On 6 April, in response to Mr GB’s 4 April question whether they still wanted him to act, Ms SL undertook to pay his fees, and asked him to continue. [101] On 29 April Mr GB asked if they were still “on track to make the payment as promised”. Ms SL assured him again on 3, 5, and 6 May, she and Ms CS would pay his fees, and upon receipt, on 30 May, from Mr GB of Ms PR’s first invoice, th...

7. Canterbury Westland Standards Committee v Eichelbaum [2014] NZLCDT 68 [pdf, 189 KB]

   ...[79] The Standards Committee relies on Rule 10 of the Client Care Rules in relation to this charge: “R 10 A lawyer must promote and maintain proper standards of professionalism in the lawyer’s dealings. 18 Respect and courtesy 10.1 A lawyer must treat other lawyers with respect and courtesy.” [80] We consider Rule 2.7 also to be relevant although this was specifically referred to by the Standards Committee in relation to the final charge, Charge 6. Rule 2.7 sta...

8. LCRO 123/2019 & 124/2019 MC v QK and QK v MC (3 March 2020) [pdf, 199 KB]

   ...[100] It was required of Mr MC to explain to Mrs QK that he was simply unable to represent her, and that she was required to instruct her own lawyer. Did the Committee err in referencing cultural factors and Mrs QK’s personal circumstances? [101] Mr MC argues that the Committee placed undue weight on Mrs QK’s age, cultural factors and familial dynamics. In identifying these issues, he is complaining that the Committee was painting a picture of Mrs QK as a vulnerable individua...

9. Regulatory Impact Statement Management of returning offenders to New Zealand [pdf, 287 KB]

   ...Option One could also be paired with whichever option is ultimately preferred. While it does not play a role in the supervision of offenders, the additional support for reintegration will support the objectives of the policy. Implementation plan 101. All the options, except Option One, require legislation to implement them. We consider they would likely require a standalone Bill. Alternatively, amendments could be made to the Parole Act 2002, Sentencing Act 2002 and the Policing Act 20...

10. [2006] NZEmpC WC 10/06 Timmins v Asure New Zealand Ltd [pdf, 121 KB]

    ...of training materials was consistent with the end of the employment relationship but, again, occurred after the employment relationship ended. None of this supports Mr Timmins’s adverse views about ASURE’s motives at that time. [101] In reaching this decision I do not overlook the fact that from November 2001 Mr Timmins was very stressed to the point of needing medical attention. However, up to at least May 2002, he was still instructing his lawyer and corresponding...