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1. MENDOZA Carlos Frederick (CSU 2010 WHG 000185) [pdf, 205 KB]

   ...experts confirmed that there is a diverse range of opinions. The debate is both robust and lengthy. There is a clash of scientific 16 evidence followed by polarised views as to whether ROPs provide safety or undermine safety on a quad bike. [101] There is a “Mexican standoff” between the competing factions and most recently the competing science. [102] This debate has been raging for some years and over the last two or three years there has been a direct challenge to th...

2. Regulatory Impact Statement: Regulatory regime for the new alcohol laws. [pdf, 300 KB]

   | 1 Regulatory Impact Statement: Regulatory Regime for the new Alcohol Laws Agency Disclosure Statement This Regulatory Impact Statement (RIS) has been prepared by the Ministry of Justice. It sets out the options for the regulatory regime required to give effect to the Sale and Supply of Alcohol Act 2012, due to fully commence on 18 December 2013. One constraint on the analysis was the impact of the regulations supporting the definition of the principal busin

3. Nottingham & Property Bank Realtor Ltd v CAC 10057 & Honey [2014] NZREADT 80 [pdf, 98 KB]

   ...area is rather technical and confusing and that even experienced and expert IT consultants seem to have different views and follow different procedures in the type of situation leading to this case. Accordingly, one hesitates to blame Mr Taka. [101] However, we are only concerned with the conduct of Mr Honey himself; and we do not think that his conduct falls under any of the categories of unsatisfactory conduct as that offence is defined in s.72 of the Act which reads: “72 Unsatis...

4. Schiller-Cooper v Lozano [2013] NZIACDT 1 (08 January 2013) [pdf, 233 KB]

   ...fees paid must be refunded pursuant to those provisions. However, for the reasons previously discussed, the threshold for a disciplinary finding requires more than simply finding there is room for a difference of view regarding the correct fee. [101] Accordingly, when dealing with sanctions the Tribunal will determine whether any fees should be refunded and any compensation awarded. Party to Mr Chang unlawfully giving immigration advice [102] I am satisfied that Mr Chang did not provid...

5. Geldenhuys v C Yap [2013] NZIACDT 27 (12 April 2013) [pdf, 207 KB]

   ...a full service where she would be charged for the time engaged, or alternatively a “budget service” where she would pay a fixed fee and be allowed a set number of hours. [100] Ms Geldenhuys elected to proceed with the full service option. [101] Ms Yap said that “whilst the company has hourly rates these are not the sole method of calculating payments for the client”; she said that fees for particular services were capped. 13 [102] Ms Yap said that her “salary...

6. MSC v Scholes [2013] NZIACDT 58 (10 September 2013) [pdf, 239 KB]

   ...circumstances were properly evaluated, prior to an application for a student visa being lodged. The outcome was a result of “market conditions” affecting Immigration New Zealand’s determination. The outcome was different from other comparable cases. [101] She had explained the conditions on a limited purpose visa a number of times. [102] Ms Scholes was not informed about the second IELTS results until May 2011. [103] She expected the complainant to collect the documents in person...

7. RV v Auckland Standards Committee LCRO 299 / 2011 (18 October 2012) [pdf, 197 KB]

   ...review is complete, as the issue of whether the charge is to be a separate charge or a charge of serial behaviour under section 241(c), or indeed a lesser charge of unsatisfactory conduct pursuant to section 241(e) will assume some significance. [101] In the circumstances, SA rightly submits that each matter complained of must be capable of meeting the threshold test - namely that there is a real risk that the Practitioner may be suspended or struck off. [102] Having reached the c...

8. TR v NI LCRO 109 / 2011 (21 February 2013) [pdf, 199 KB]

   LCRO 109/2011 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of Auckland Standards Committee 3 BETWEEN TR Applicant AND NI Respondent The names and indentifying details of the parties in this decision have been changed. Introduction [1] TR has applied for a review of a determination by Auckland Standards Committee 3 in respect of a complaint by him

9. Biel v Hall - Opepe Farm Trust [2011] Māori Appellate Court MB 535 (2011 APPEAL 535) [pdf, 222 KB]

   ...Maniapoto‟s affidavit stated that: 32 One cannot look at the operation of that land block in isolation. It is in fact a good fit with the plans for the Opepe farm development... and is now being integrated into the dairy farming operation. [101] The appellants also submitted that the Trust is a farming business and whether the specific debt to asset ratio of the Trust is reasonable for a farming business is not before the court. [102] They submit that the lower Court erred in...

10. Wall v The Maori Land Court - Tauhara Middle 15 Trust and Tauhara Middle 4A2A Trust [2010] 2010 Maori Appellate Court MB 55 (2010 APPEAL 55) [pdf, 175 KB]

    ...trustees and whether the incumbent trustees of that trust should be required to stand down? [100] This fifth point deals with the actions of the trustees of the Tauhara Reservation Trust. This trust is a separate but related trust to Tauhara 15. [101] On 1 March 1971 an order was made recommending the setting aside of 2,879 a, 2 r and 30 p as a Māori Reservation (48 TPO 22). On 29 May 1975 by Gazette Notice No. 45, page 1208, Tauhara Middle Part 4A2A was set apart as “a Maor...