Search Results

1. Cycle-5-About-the-NZCVS-reports-v1.0-FINAL.pdf [pdf, 476 KB]

   ...the work to New Zealand Ministry of Justice and abide by the other licence terms. Please note you may not use any departmental or governmental emblem, logo, or coat of arms in any way that infringes any provision of the Flags, Emblems, and Names Protection Act 1981. Use the wording “New Zealand Ministry of Justice” in your attribution. Do not use the New Zealand Ministry of Justice logo. If you have any feedback or questions about NZCVS results, please email us on nzcvs@justice.govt...

2. Karena v Steedman - Te Koau A (2019) 76 Tākitimu MB 183 (76 TKT 183) [pdf, 484 KB]

   ...where the Court stated: [33] It is inappropriate to strike out a claim summarily unless the court can be certain that it cannot succeed. The case must be “so certainly or clearly bad” that it should be precluded from going forward. Particular care is required in areas where the law is confused or developing. [26] In the recent decision of Commissioner of Inland Revenue v Chesterfields Preschools Ltd, the Court of Appeal also considered the requirements for striking out an app...

3. Parlane v REAA Registrar [2013] NZREADT 94 [pdf, 176 KB]

   ...The judgment of the Court is made in the interests of the community, having regard for the profession. [22] This principle is equally applicable to licensing decisions under the Act. The purpose of the consumer-focussed Act is to: “promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work” (refer s.3 of the Act) [23] For consumers, real estate transactions are...

4. Auckland Standards Committee 1 v Ravelich [2011] NZLCDT 11 [pdf, 146 KB]

   ...Act required that fitness to stand trial issues could only be dealt with after a trial had 15 Under section 3 of the Lawyers and Conveyancers Act 2006, the maintenance of public confidence and protection of consumers are particularly important 16 [2010] 1 NZLR 441 (CA). 14 commenced was considered so “absurd” that it could not have been Parliament’s intention when the Act was drafted.17 [54] As a consequence the cour...

5. Reo v Reo - Whangaruru Whakaturia 1D9B1 (2015) 100 Taitokerau 156 (100 TTK 156) [pdf, 194 KB]

   ...Māori land so that the combined area of Lot 1 and part of Lot 2 would become in total, Māori land. [56] Mr Coutts also confirmed that section 304 would apply to any partition granted in this case which would have the effect of adding additional protections against alienation outside of the preferred class as the partition will be dealt with as a hapū subdivision. In addition, any future application to change status of this combined area from Māori land back to General land wo...

6. [2015] NZEmpC 99 NZ Meat Workers Union Inc v South Pacific Meats Ltd [pdf, 249 KB]

   ...proceeding. Put another way, the essence of the Authority’s question is whether its broad power under s 160 (to call for evidence, 15 whether strictly legal evidence or not) 16 is constrained by a residual common law (that is, a non-statutory) protection that entitles a party to assert privilege in self-incriminatory documents. [42] The Authority’s referral of a question of law to the Court under s 177 will not be struck out. The Authority has not stated a question of law...

7. Robb v Complaints Assessment Committee [2017] NZREADT 39 [pdf, 198 KB]

   ...charge concerns Mr Robb’s conduct in relation to a potential purchaser of the orchard, Mr Lemon. Mr Robb is charged with having wilfully or recklessly contravened rules 6.2 and 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”) (“the first charge”). Mr Robb admits misconduct on this charge. The second charge concerns Mr Robb’s conduct in relation to the vendor, Maketu. He is charged with having wilfully or recklessly cont...

8. Justice Sector Prison Projection 2019 report [pdf, 461 KB]

   ...people being remanded into custody despite similar charges, and a higher proportion of category three cases entering the courts. Category three cases are punishable by an imprisonment term of two years or more and include offences such as breach of protection order and burglary. People with category three charges are more likely to be remanded into custody due to the seriousness of these charges. It is expected that the increase in the number of category three cases entering the cour...

9. Fehling v Ministry of Health (Strike-Out of Second Defendant) [2016] NZHRRT 29 [pdf, 107 KB]

   ...National Health Index (NHI). [4] As to the facts, Mr Fehling contends that when on 16 December 2014 he enrolled at the South Westland Area Practice, nominating it as his regular and ongoing provider of general practice and first level primary health care services, he objected to the provision of his personal details to the Ministry of Health. [5] More particularly, during the enrolment process he was provided by the Practice with a Health Information Privacy Statement, which stated (i...

10. [2021] NZACC 73 - McLennan v ACC (6 May 2021) [pdf, 278 KB]

    ...though that a given level of glutaraldehyde as mist presents a different degree of hazard (eg to the respiratory tissues of first contact) than the same levels as vapour, and the WES for glutaraldehyde is based on the experience in other (eg health care) contexts with the vapour. So any level of mist cannot be automatically compared with the current WES-STEL for vapour. However a given level (in mg/m3) should not differ much with respect to systemic toxicity whether it be present...