Search Results

1. BORA Taxation (Annual Rates, GST, Trans-Tasman Imputation and Miscellaneous Provision) Bill [pdf, 49 KB]

   ...resources and individual investors in these arrangements can be exposed to unexpected interest and penalties on any resulting unpaid tax. By providing greater certainty as to the application of tax laws, the proposed new subpart is expected to increase protection for taxpayers from avoidable shortfall penalties and interest. 16. The proposed new subpart ES treats taxpayers in a marital relationship differently from other taxpayers in order to recognise the financial interdependence bet...

2. [2007] NZEmpC AC 15/07 Gates v Air New Zealand Ltd [pdf, 35 KB]

   ...The Court of Appeal, in the case referred to by Mr Thompson, A S McLauchlan Ltd v MEL Network Ltd (2002) 16 PRNZ 747, stated that the discretion is not to be fettered by constructing “principles” from previously decide cases. The Court must carefully assess the circumstances of a particular case, noting that where a plaintiff is unable to meet an adverse order for substantial security this may in effect prevent the plaintiff from pursuing the claim. The Court of Appeal stated:...

3. BORA Public Transport Management Bill [pdf, 256 KB]

   ...standard of the balance of probabilities would be convicted. We consider, therefore, that where the defendant is required to prove something in order to escape liability, the use of strict liability offences is contrary to the presumption of innocence protection contained by section 25(c) of the Bill of Rights Act. Strict Liability Offences in the Bill 8 The Bill contains the following strict liability offences: • Clause 46 (operating an unregistered commercial public transport se...

4. BORA Drug and Alcohol Testing of Community-based Offenders and Bailees Legislation Bill [pdf, 297 KB]

   ...which a particular search is conducted will be subject to scrutiny under s 21 of the Bill of Rights Act. The power to make a rule conferring an entitlement to make a search does not authorise searches that would be unreasonable and thus, infringe protected rights 5. Therefore, Police and Corrections may only exercise the power to conduct testing and monitoring in a manner that is compliant with s 21 and will need to consider the individual’s rights when determining whether to search...

5. Zhai v The Real Estate Agents Authority [2018] NZREADT 33 [pdf, 178 KB]

   ...2017. I have had scheduled to re-attend the missed class towards the end of 2017, however my parents in China at that time were both diagnosed with severe illness that required immediate medical attention as well as people around to take care of them. As the only child of the family I had to return to China as such notice, together with my wife and my three children. I had to stay in China for the duration of their medical procedures, operation, and recovery till March. I ap...

6. [2020] NZEmpC 32 Kocaturk v Zara’s Turkish Ltd [pdf, 351 KB]

   ...2014 the defendant subjected Mr Kocatürk to degrading and unlawful work conditions and pay. (emphasis original) 4 Attorney-General v McVeagh [1995] 1 NZLR 558 (CA) at 566; confirmed in Pharmacy Care Systems Ltd v Attorney-General (2001) 15 PRNZ 465 (CA) at [19]. [15] The pleading as it relates to Mrs Kocatürk was: 73. The defendant subjected Mrs Kocatürk to degrading and unlawful work conditions and pay. [16] There is...

7. Nabi & Fang v Real Estate Agents Authority (CAC 403) & Ors [2016] NZREADT 80 [pdf, 137 KB]

   ...Purchasers often incur these costs to prevent themselves from having to incur greater costs later if the property is found to be defective. [23] The emphasis on penalty decisions in a disciplinary context, is to maintain public standards, and to protect the public against agents and sometimes a penalty also imposes an element of punishment such as a fine. It is the actions of the agent which are the appropriate focus for the CAC. They must determine what penalty best fits the crit...

8. LCRO 196/2013 XM v WG [pdf, 481 KB]

   ...Conveyancers Act 2006 (the Act), that no further action on the complaints was necessary or appropriate. [23] In reaching that decision the Committee concluded that: (a) Ms WG’s duties in acting in the administration of the estate were to protect and promote the interests of the executor, Mr HY;1 (b) Ms WG’s obligations to Mrs XM as a third party were modest;2 (c) Ms WG was not required to act on directions from Mrs XM as a beneficiary;3 and (d) Mr HY as executor was not pr...

9. MS v HF LCRO 183/2013 (30 October 2014) [pdf, 42 KB]

   ...delivered its decision on 3 April 2013. [7] The Committee posed the issue before it as whether the Standards Committee should “intervene in a matter where the instructions to the lawyer which may explain the way a matter was conducted are protected by client confidentiality”.3 The Committee noted that: 4 A difficult feature of this complaint is that it is about matters that inevitably will have, as part of the explanation, information about what was discussed within the con...

10. NZCVS-Cycle-4-Core-Report-Section-9-Crime-scene-and-consequences-fin.pdf [pdf, 338 KB]

    ...Survey findings - Cycle 4 report Section 9 – Crime scene and consequences June 2022 Results drawn from Cycle 4 (2020/21) of the New Zealand Crime and Victims Survey 2 ISSN 2744-3981 Disclaimer 1. While all care and diligence has been taken in processing, analysing, and extracting data and information for this publication, the Ministry of Justice gives no warranty that it is error free and will not be liable for any loss or damage suffered by the u