Search Results

1. LCRO 104/2019 RY v DN (1 May 2020) [pdf, 273 KB]

   ...in the circumstances, prompt cause for him to recommend that the parties obtain independent advice; and (t) his reporting to the parties was adequate; and (u) his conduct did not fall into the category of unsatisfactory; and (v) in his 40-year career in general practice, this was the first occasion he had faced a disciplinary complaint. [32] The Committee identified the issues to be addressed as whether: (a) Mr DN by acting for all the partners of the partnership and Mr EJ (via hi...

2. [2018] NZEmpC 151 Ovation New Zealand Ltd v The New Zealand Meat Workers and Related Trades Union Inc [pdf, 1.3 MB]

   ...relates to payment of rest breaks for piece workers who are employed at three meat processing plants, for which provision is made in Part 6D of the Employment Relations Act 2000 (the Act). The second relates to whether the donning and doffing of protective clothing and equipment at the beginning and end of each shift, and at rest and meal breaks, is “work” for the purposes of s 6 of the Minimum Wage Act 1983 (MWA). The proceedings were initiated by Ovation New Zealand...

3. [2022] NZEnvC 178 Lomai Properties Limited v Auckland Council [pdf, 698 KB]

   ...attenuation issue. The agreed changes are set out in Appendix A and relate to the following provisions: (a) Objective I447.2(7) ensures that activities sensitive to noise located within the proximity of State Highway 22 (SH22) and Jesmond Road will be protected from adverse health and amenity effects arising from road traffic noise associated with the operation of those roads; (b) Policy I447.3(12) requires all buildings in proximity to SH22 and Jesmond Road that contain activiti...

4. 15-Damien-McGahan-Planning-statutory-assessment.pdf [pdf, 612 KB]

   ...transport infrastructure projects. This has included carrying out the following roles and work: (a) Resource Consents Lead for the Northern Corridor Improvements Project, a project of national significance which was lodged with the Environmental Protection Authority and considered by a Board of Inquiry. This involved obtaining regional resource consents, alterations to and new designations, along with other statutory approvals required for the construction of the project (for th...

5. BORA Prisoners’ and Victims’ Claims (Continuation and Reform) Amendment Bill [pdf, 425 KB]

   ...restrictions, such as attachment and set-off, as any other civil claim. 4.2 To the extent the amendments in the Bill relating to unlawful detention claims may have a retrospective effect, no issue arises under s 26 of the Bill of Right Act. That only protects against retrospectivity in relation to criminal offences and penalties. 4.3 The differential treatment of prisoners does not raise any issue with s 19 of the Bill of Rights Act as status as a prisoner is not a prohibited gr...

6. Flight v Fletcher - Waipapa 1D 2B 3B [2017] Māori Appellate Court MB 96 (2017 APPEAL 96) [pdf, 220 KB]

   ...Introduction [1] For close to 30 years Mr Flight has been living in a house on Māori Freehold land administered by the Waipapa and Tokaanu Māori Lands Trust. Previously his parents and grandparents had occupied the house. Mr Flight cares for a dependent son with a chronic illness and cannot afford to live elsewhere. [2] In May 2016 Judge Harvey granted the trust a permanent injunction requiring Mr Flight to remove the dwelling. 1 The Judge described it as a very difficu...

7. LCRO 253/2015 SL v NA (28 June 2019) [pdf, 249 KB]

   ...$126,366.21, were not paid. [6] Mr NA lodged his complaint with the Lawyers Complaints Service on 29 January 2014. His complaint was simply that Mr SL was in breach of r 10.7 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) for failing to pay the outstanding amount. Mr SL’s response [7] Mr SL’s response to the complaint, dated 11 March 2017, included: • “From the outset Mr NA knew that payment of his fees was based on the...

8. LCRO 178-2016 KO v RT [pdf, 262 KB]

   ...(b) “[T]o attend the designated examination” as requested in the 1 April Notice of Examination. [8] In doing so, Mr RT alleged that Mr KO had breached s 261 of the CA, and the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules). Standards Committee decision [9] The Committee delivered its decision on 23 June 2016 and determined, pursuant to s 152(2)(b) of the Lawyers and Conveyancers Act 2006 (the Act), that in contravention of r 12...

9. Regulatory Impact Statement: Using personal information for identity verification purposes in law enforcement [pdf, 644 KB]

   ...Ministry of Justice 2 | Regulatory Impact Statement – Facilitating better information sharing for identity verification purposes in law enforcement Status quo and problem definition The Privacy Act provides tools to share information, while protecting individual privacy 1. The Privacy Act 1993 determines how agencies collect, use, disclose, store and give access to personal information. The Act provides a number of tools that enable sharing of personal information. Informati...

10. UW v EP LCRO 146/2011 (31 March 2015) [pdf, 77 KB]

    ...it held from the complainant was to facilitate the service of documents. [13] At hearing Mr UW expanded on his written submissions. He emphasised that he had felt let down by his lawyers. His expectation was that his lawyers would focus on protecting his interests, and not accept instructions to act for a third party whose interests were, he maintained, potentially at odds with his own. [14] In response, Mr EP submitted that: (a) His firm was not conflicted in accepting instru...