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1. BORA Land Transport (Enforcement Powers) Amendment Bill [pdf, 297 KB]

   ...following aspects of the Bill raise issues under that Act: 2.1. Clause 6, which concerns the offence of breaching bylaws against certain forms of driving, places an evidential onus on the accused and so is contrary to the presumption of innocence protected by s 25(c). In the context of those particular offences, however, I consider that the onus is justifiable. Clause 16 of the Bill adds a further ground for the impoundment of a motor vehicle for 28 days under s 96 of the Land Transport...

2. BORA Credit Contracts and Financial Services Law Reform Bill [pdf, 165 KB]

   ...The policy objective of the Bill is to revise and update the law that governs consumer credit and broader financial markets so that it: • ensures creditors lend to consumers and manage consumer credit contracts responsibly • provides improved protection for vulnerable consumers, including from unscrupulous lenders • provides for consumer credit law to be dealt with holistically in one Act, and is consistent with other financial sector legislation, and • promotes and facilita...

3. ENV-2016-AKL-000199 Self Family Trust v Auckland Council [pdf, 856 KB]

   ...Earthmovers Ltd, in particular the following: "[232J It is important to recall that, even for outstanding natural landscapes and also for the preservation of the natural character of the coastal environment, section 6{ aJ and (b J provide for protection from inappropriate subdivision, use and development; not absolute protection. " (10) The reference in the staff report to "prime soils" was unsupported by any direct evidence. The evidence produced to the Inde...

4. [2014] NZEmpC 63 Bracewell v Richmond Services Ltd [pdf, 81 KB]

   ...non-publication in Bracewell v Richmond Services Ltd [2013] NZEmpC 245 at [28], this District Health Board cannot be identified. 3 Richmond Services Ltd v Bracewell [2013] NZERA Auckland 481. [2] Ms Bracewell is concerned that a client in the care of the defendant (client A) has been permitted to engage in abusive prostitution by the defendant, members of its senior management and a registered medical practitioner (L). The plaintiff and her advocate, Dr Cook, assert that th...

5. Jackman v CAC 10100 & Anderson [2011] NZREADT 30 [pdf, 93 KB]

   ...attempting to use misinformation to enrich himself and the vendor at the expense of a buyer. [5] It is put for the appellant/complainant that the said advertisement is a breach of Rule 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 which prohibits licensees from misleading a customer or client, or providing false information, or withholding information that should by law or fairness be provided to a customer or client. [6] It is accepted that...

6. BORA Wanganui District Council Prohibition of Gang Insignia Bill [pdf, 215 KB]

   ...right to freedom of expression extends to all non-violent forms of communication that attempt to convey an idea or meaning.1 Importantly, it includes not only verbal and written speech, but also non-verbal conduct and “symbolic speech”:2 which is protected if the person wearing the symbol intends to convey a particular message and if there is a great likelihood that the message will be understood by those who see the symbol.3 13. Clause 6 of the Bill (Prohibition of gang insignia...

7. M (C M Trust) v Tower Insurance Ltd [2019] CEIT-2019-0012 [pdf, 213 KB]

   ...party has yet to, or has failed to, fully disclose all documents in its possession or control that are relevant to the claim. The Documents sought [11] The Applicants seek further discovery of specified documents from Tower. They have taken care to particularise those documents they seek. They say that such documents are or may be relevant to issues before the Tribunal because they relate to their claim that Tower wrongly declined their requests to take steps to protect the dwell...

8. Legal aid final family consultation paper - 10 February 2012 [pdf, 816 KB]

   ...grant would be considered in cases where complexities are identified and additional work is justified. Fixed fee development and setting Activities appropriate for fixed fees Family proceedings suitable for conversion to fixed fee schedules include Care of Children, Domestic Violence, Guardianship, Relationship Property, Mental Health and matters under the CYFS Act 1989. Some matters unsuitable for conversion to fixed fee schedules include Hague Convention and Intellectual Disability pr...

9. Family legal aid fees - consultation paper [pdf, 816 KB]

   ...grant would be considered in cases where complexities are identified and additional work is justified. Fixed fee development and setting Activities appropriate for fixed fees Family proceedings suitable for conversion to fixed fee schedules include Care of Children, Domestic Violence, Guardianship, Relationship Property, Mental Health and matters under the CYFS Act 1989. Some matters unsuitable for conversion to fixed fee schedules include Hague Convention and Intellectual Disability pr...

10. Nelson Standards Committee v Downing and Reith [2022] NZLCDT 7 (17 February 2022) [pdf, 241 KB]

    ...practitioner engage in “unfair and professionally irresponsible fee-charging and security arrangements” with the client, such as to be (a) disgraceful and dishonourable conduct or (b) a wilful or reckless breach of the rules of conduct and client care? 1 And the lesser alternative of unsatisfactory conduct, which was accepted by them. 2 Section 7(1)(a)(i) of the Lawyers and Conveyancers Act 2006 (the Act). 3 Section 7(1)(a)(ii). 4 Lawyers and Conveyancers Act (Lawyers: Con...