Search Results

1. Family Court rewrite submission: New Zealand Law Society [pdf, 1 MB]

   ...jurisdictions. The Family Court has a dual role embodied in most of the statutes under its jurisdiction: it is a court of law that has a judicial role to determine disputes based on the evidence before it; and when exercising that role, it also has a protective jurisdiction (in terms of the Care of Children Act 2004 (COCA) and other legislation) to ensure that children’s welfare and best interests are paramount. Unlike the other courts, the Family Court also has to make predictive a...

2. Vincent v Kennedy - Estate of Carol Fleet (2019) 185 Taitokerau MB 148 (185 TTK 148) [pdf, 328 KB]

   ...descent or otherwise) in Ngaati Hei lands, motu, taonga and resources to my nephew NATHAN KENNEDY (to hold and administer as kaitiaki) or at my said nephew’s election to such legal entity as he shall establish in consultation with my trustee to protect those holdings in perpetuity for the Māori people generally and Ngaati Hei iwi (in the widest sense of that expression) particularly; (c) To give anything remaining to NATHAN KENNEDY absolutely in recognition of his willin...

3. [2025] NZIACDT 14 - INZ v Ma (19 February 2025) [pdf, 248 KB]

   ...it, uphold it but take no further action or uphold it and impose one or more sanctions.4 [23] The sanctions that may be imposed by the Tribunal are set out in the Act.5 The focus of professional disciplinary proceedings is not punishment but the protection of the public.6 [24] It is the civil standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ...

4. [2025] NZLVT 007 - Burney v Christchurch City Council (13 March 2025) [pdf, 287 KB]

   ...private ownership as at 12 October 2015, e.g. home occupations, bed and breakfasts; and (d) non-residential activities, other than those existing, are not provided for other than by way of discretionary activity consent, e.g. pre- schools, health care and daycare facilities. … [43] As we noted earlier, the rules grant rights similar to the existing zoning, and the constraints on those rights cannot be considered unfair and unreasonable when viewed against the wider context and...

5. LCRO 131/2024 RD v PS (28 January 2025) [pdf, 179 KB]

   ...although this was possible; (f) as I expressed it: If there was evidence before the Committee that [Law Firm 1] did act in some way for BD and MD in connection with the property transactions, or in relation to their living arrangements or personal care, while also acting for WD and/or the family trust in relation to the same matter, there may have been a risk of [Law Firm 1] not being able to discharge the obligations owed to two or more clients. [9] In the first LCRO decision, I als...

6. LCDT Annual Report 2024 [pdf, 477 KB]

   ...Disciplinary Tribunal”. The purposes of the Act are set out in s 3 as follows: “3 Purposes (1) The purposes of this Act are— (a) to maintain public confidence in the provision of legal services and conveyancing services: (b) to protect the consumers of legal services and conveyancing services: (c) to recognise the status of the legal profession and to establish the new profession of conveyancing practitioner. (2) To achieve those purposes, this Act, among other...

7. Idea Services v Attorney-General (Interim Order Application) [2013] NZHRRT 24 [pdf, 148 KB]

   ...appeal prior to the hearing of the reference. However, the difficulty may be more imagined than real. If on appeal a finding by the Tribunal that the defendant has committed a breach of Part 1A or Part 2 is overturned, that finding would not be protected by the statutory bar in s 92T(4). Whether power to make an interim order under s 95 affected by reference [28] It was submitted by the Ministry that the Tribunal having made a reference to the High Court under both limbs of s 92R (rem...

8. BORA Consumer Law Reform Bill [pdf, 341 KB]

   ...21 (freedom from unreasonable search and seizure) and s 25(c) (right to be presumed innocent) of that Act. PURPOSE 3. The Bill seeks to revise and update consumer law so that it is principles-based, enables consumers to transact with confidence, protects reputable suppliers and consumers from inappropriate market conduct, is easily accessible to those who are affected by it, and achieves harmonisation with the Australian Consumer Law. 4. To this end, the Bill is an omnibus bill that a...

9. 2021-07-05 Fish and Game - Closing Submissions [pdf, 342 KB]

   ...articulating TMoTW, any plan making process cannot properly give effect to the NPS-FM5. 10 It also became clear that aspects of the Objective while maybe initially having simple meanings on their face, are really not so simple, and will require very careful evaluation in Otago. (a) For example, for limb (a) and the prioritisation of the well-being of water bodies and ecosystems – a lot of focus, including admittedly Fish and Game's, has been on the second limb of (a), n...

10. [2018] NZEnvC 155 Tasman District Council v G Baigent [pdf, 1.1 MB]

    ...planted in the wetlands and a description of how the areas marked in the wetland database will be returned to wetland; (iv) in addition, the restoration plan prepared by the ecologist is to provide a description of ongoing measures required to protect the wetland, such as monitoring, fencing, weed and/or pest control measures to address to ensure that both wetlands are sufficiently re-established to enable their survival without any further intervention; (v) the restoration plan i...