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1. Twigley v New Zealand Law Society [2025] NZLCDT 5 (28 January 2025) [pdf, 98 KB]

   ...of New South Wales v Foreman [1994] 34 NSWLR 408, 419, per Kirby P. 3 Issue [6] The issue for the Tribunal was whether the structure for re-entry into legal practice being put forward for consideration by Mr Twigley was sufficient to protect the public (and the profession’s reputation) from risk of future lapses in Mr Twigley’s judgement; and ensure adherence to his professional obligations. And, centrally, did we assess Mr Twigley to be a fit and proper person to p...

2. Pillay v New Zealand Transport Agency [2021] NZHRRT 13 [pdf, 179 KB]

   ...Pillay had imported at that time. Following inaction on that complaint by NZTA, Mr Pillay had filed a Disputes Tribunal claim against NZTA and others. That Disputes Tribunal claim was dismissed as the Disputes Tribunal found there was no duty of care owed by NZTA to Mr Pillay. [8] Having been alerted to Mr Pillay’s 2005 Disputes Tribunal hearing, NZTA emailed the Disputes Tribunal on 16 October 2015 and requested that Mr Pillay’s claim against NZTA be dismissed, for the same reaso...

3. [2021] NZIACDT 9 - SL v Mackintosh (5 May 2021) [pdf, 227 KB]

   ...the appropriate sanctions. BACKGROUND [4] The narrative leading to the complaint is set out in the earlier decision of the Tribunal and will only be briefly summarised here. [5] Ms Mackintosh, a licensed immigration adviser, is a director of Care Immigration Ltd, of Auckland. [6] The complainant, a national of India, had a work visa due to expire on 6 March 2019. Ms Mackintosh was engaged on 19 July 2018 to seek a further work visa. An application was duly filed by Ms Mack...

4. [2024] NZREADT 05 CAC v Pang (6 March 2024) [pdf, 227 KB]

   ...direct contact with his vendor client and inserted the client’s signature and initial on documents himself. He was found to have wilfully breached rr 5.1, 6.3, 9.6, 9.7, 12.2 and 12.3 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules). This amounted to misconduct pursuant to s 73(c)(iii) of the Real Estate Agents Act 2008 (the Act). [2] The Tribunal will now determine the penalty. BACKGROUND [3] The background narrative, as found by t...

5. [2024] NZEnvC 281 Save The Maitai Incorporated v Nelson City Council [pdf, 294 KB]

   ...[13] STM considers that the proposed changes in the JWS are an improvement, but they do not go far enough to address the issues identified by the court, in particular to ensure the provisions capture the fundamental concept of Te Mana o te Wai and protect freshwater values.5 [14] STM relies on the JWS with respect to the interaction between PC29 and PPC28. A decision has not yet been made in the PC29 process.6 STM’s preference is to ring fence the PPC28 provisions so that they a...

6. Lloyd v CAC 10056 & Davies [2012] NZREADT 27 [pdf, 149 KB]

   ...negligent; or (d) would reasonably be regarded by agents of good standing as being unacceptable.” [5] In the course of the hearing, the parties referred to some of the rules contained in the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 and, in particular, to rules 6 and 9 which read: “6 Standards of professional conduct 6.1 An agent must comply with the fiduciary obligations to her or her client arising as an agent. 6.2 A licensee must act in...

7. BORA End of Life Choices Bill section 7 report [pdf, 263 KB]

   ...http://www.justice.govt.nz/justice-sector-policy/constitutional-issues-and-human-rights/bill-of-rights-compliance-reports/section-7-reports/ 2 The motivation for this Bill is compassion. It allows people who so choose, and are eligible under this Bill, to end their lives in peace and dignity, surrounded by loved ones. The Bill carefully defines those eligible for assisted dying, details a comprehensive set of provisions to ensure this is a free choice, made without coercion, a...

8. LCRO 243/2016 KE v HO (21 June 2019) [pdf, 272 KB]

   ...formed the view there had been unsatisfactory conduct on Mrs KE’s part, pursuant to s 12(c) of the Lawyers and Conveyancers Act 2006 (the Act), in that she had contravened r 13.8 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). Background [2] The allegation against Mrs KE is that, as a lawyer engaged in litigation, she had attacked Mr HO’s reputation without good cause in documents filed in court proceedings commenced by Mr NE ag...

9. [2012] NZEmpC 101 Pottinger & Nine Dot consulting Ltd v Carew and Kelly Services (NZ) Ltd [pdf, 250 KB]

   ...twelve (12) months prior to terminating your employment; Procure of assist anyone else to breach any of the covenants contained within this paragraph. 70/72 The employee acknowledges that these non-solicitation covenants are reasonable for the protection of the employer’s business. The employee also acknowledges that the employee has received consideration for these covenants by the salary and other benefits provided by the employer. 71/73 The several covenants contained in...

10. [2018] NZEnvC 208 The Wolds Station Limited v Mackenzie District Council [pdf, 5.2 MB]

    ...maps of the FBAs contains two typographical errors which should be corrected before the maps are included in the District Plan. (1) "Sights of Natural Significance" should read "Sites of Natural Significance"; (2) "Lake Side Protect on Areas" should read "Lakeside Protection Areas". 3 [2J The court recorded that the Consent Order "concludes these proceedings". That was over-optimistic (and incorrect) because there is one outstanding i...