Search Results

1. Auckland Standards Committee v Holland [2014] NZLCDT 13 [pdf, 138 KB]

   ...decisions of Bolton,1 Dorbu2 and Hart.3 [11] All of these decisions refer to the need for absolute integrity and trustworthiness in legal practitioners. We are also reminded that the purpose of penalties in a disciplinary context is primarily the protection of the public and the upholding of professional standards and the reputation of the profession. That said it is recognised that there is usually a punitive effect on the offending practitioner.

2. BORA Commerce Amendment Bill [pdf, 418 KB]

   ...otherwise. 20. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a "search or seizure". Secondly, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. 21. A number of provisions of the Bill already canvassed confer powers of search and seizure that also require scrutiny for complia...

3. BORA Patents Bill [pdf, 317 KB]

   ...the Bill of Rights Act. PURPOSE 4. The purpose of this Bill is to update New Zealand’s patent regime to ensure that it continues to provide an appropriate balance between providing adequate incentives for innovation and technology transfer and protecting the interests of the public and the interests of Māori in their traditional knowledge and in indigenous plants and animals. It also updates the regulatory regime for patents attorneys. If passed, the Patents Bill will replace the Pa...

4. Complaints Assessment Committee 403 v Zhang [2018] NZREADT 53 [pdf, 179 KB]

   ...independent valuation of the property, and [c] retaining the share of commission paid to him in respect of the sale of the property, and thereby breaching rr 5.1, 6.1, 6.3, and 9.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”). [8] Mr Zhang admitted that he failed to comply with ss 134 and 135, and breached provisions of the Rules, but submitted that his conduct amounted to unsatisfactory conduct, not misconduct. Senten...

5. BORA Maritime Powers Extension Bill [pdf, 295 KB]

   ...s 21 (unreasonable search and seizure) and s 22 (liberty of the person) affirmed in the Bill of Rights Act. These rights are fundamentally concerned with fairness, individual autonomy, privacy, and dignity. Any limitation on these rights requires careful scrutiny. 5. We have taken into account the international context within which these powers are being exercised and the legislative safeguards put in place around their use. 6. We conclude that the Bill is consistent with the rights an...

6. [2017] NZEnvC 210 Doctors Flat Vineyard Ltd and Rubicon Hall Road Ltd v Central Otago District Council [pdf, 1.9 MB]

   ...although he conceded in cross-examination that the rezoning resulting from the Dennison submissions did not reflect the best productive use of the land.6 The court agreed that the best productive land was in fact the higher terrace, which is to be protected by the 25 year covenant now offered and accepted by the court. [8J 2 3 4 5 6 The evidence of Mr Murray that a winery building could be established as of [2017] NZEnvC 193. Applicalion for costs, daled 22 November 20...

7. [2022] NZEnvC 226 Wellington City Council v Liffey Street Limited [pdf, 294 KB]

   ...risk now posed to the neighbouring properties from the potential for subsidence. 43 I do not have any confidence that Mr Vasist will comply with any abatement notice the Council serves. The strong impression we have is that Mr Vasist does not care about taking the precautions required to ensure the effects of his development are contained to the construction site. Reluctantly, my manager and I have concluded that we need the Court to make an interim enforcement order and hope that...

8. Auckland Standards Committee 5 v Yoo [2016] NZLCDT 35 [pdf, 100 KB]

   ...responsibility, has led to him setting matters in order and we will refer more specifically to that under the discussion of “mitigation”. [5] We record, as has been said many times, that the purposes of penalty in the disciplinary jurisdiction is to protect the public, to maintain the standards of the legal profession, to maintain the reputation of the profession and the public’s confidence in it as a result. [6] The starting point for assessing proper penalty is to consid...

9. [2023] NZREADT 35 - UM v REAA (CAC 2103) (13 December 2023) [pdf, 226 KB]

   ...paid in the immediate past and had failed to review the owner’s bank statements and inform the purchaser of the reduced rent paid. This was found to be a breach of rr 5.1 and 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules) and to amount to unsatisfactory conduct. [3] The Tribunal made a non-publication order: [142] The Tribunal can restrict publication of its decision in accordance with s 108(1) of the Act. In light of the outcome...

10. Twigley v New Zealand Law Society [2023] NZLCDT 28 (18 July 2023) [pdf, 148 KB]

    ...fresh start, he has adopted a community-minded and unselfish approach to helping others in need. 15 See above n 8. 7 [19] For obvious reasons, we cannot place weight on the positive references from his family members. In fact, in a protective jurisdiction such as this, personal references can rarely be accorded much weight unless they specifically address, for example, the work a practitioner has put into addressing underlying causes of the misconduct. That sort of en...