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1. O'Connor v MacDee McLennan Construction Limited [2011] NZWHT Auckland 67 [pdf, 156 KB]

   ...paint began to peel. THE ASSESSOR’S REPORT [17] The claimants lodged a claim with the WHRS on 21 April 2008. [18] The assessor found that the house leaked: 15.2 Where and why does it leak? 15.2.1 Joinery transitions – no protective flashings or in seal – insufficient head flashing detail – in variance with manufacturer’s specifications. 15.2.2 Flat topped balustrade – no protective flashings or slope – in variance with specifications and plans. 15...

2. BORA Public Health Bill [pdf, 617 KB]

   ...of the issues raised under the Bill of Rights Act and notes, where relevant, the justificatory material in each instance. SUMMARY OF THE BILL OF RIGHTS ACT ISSUES 6. The Bill updates the public health legislative regime to improve, promote and protect public health and help attain optimal and equitable health outcomes for all population groups in New Zealand. Section 8 – Right not to be deprived of life 7. The Bill sets out the powers and procedures for setting priorities and c...

3. Director of Proceedings v Nelson [2013] NZHRRT 38 [pdf, 275 KB]

   ...overview [133] DISCUSSION BURDEN OF PROOF AND STANDARD OF PROOF [135] ASSESSMENT OF THE EVIDENCE [143] Conflicts – overview [145] Conflicts – assessment [147] Conflicts – findings [152] THE CODE OF RIGHTS AND ALTERNATIVE HEALTH CARE PROVIDERS [158] Capacity in which treatment given [164] THE REQUIRED STANDARD OF CARE [170] Preliminary [170] Identifying the standard [171] Whether other approaches helpful [176] Six general principles of health care [178] THE BRE...

4. Gupta v Dhar [2016] NZIACDT 65 (4 October 2016) [pdf, 208 KB]

   ...information. [2] The Registrar raised three potential grounds of complaint: [2.1] Mr Dhar did not have a written agreement for providing the professional services; [2.2] He did not prepare the work and residence visa applications with adequate care; and [2.3] He did not keep proper records. [3] Mr Dhar did not dispute the essential facts. However, he said the complainant was not a client so he did not need a written agreement, he did take care with the applications and some of...

5. UY v Bunbury LCRO 17 / 2012 (4 March 2013) [pdf, 147 KB]

   ...including a share sale and purchase agreement together with his resignation as a director and other incidental documents. All documents had been prepared by Dr Bunbury. Mr UY did not sign these as he was concerned that they did not adequately protect his position or provide appropriate indemnities from Messrs VC and UZ. [15] Early in the new year, Mr VC withdrew from negotiations and Mr UZ proposed that Mr VB would then take over the company. By that stage, Mr UZ had informed Mr...

6. Moko Sayviah RANGITOHERIRI (CSU-2015-ROT-000302) [pdf, 2 MB]

   ...graphic detail a wide range of injuries that this three-year-old boy suffered. The injuries are horrific, the child has suffered considerably and eventually the child has died as a result of the injuries received. (b) A man and a woman acting as caregivers were charged with very serious crimes for ill­ treating this child including murder. They have now pleaded guilty to manslaughter and ill-treating a child. They have been remanded in custody and will appear for sentencing on June 27...

7. [2020] NZEnvC 013 Edens v Thames Coromandel District Council [pdf, 23 MB]

   ...PROPERTY LIMITED (ENV-2016-AKL-116) FEDERATED FARMERS OF NEW ZEALAND INCORPORATED (ENV-2016-AKL-119) TAIRUA ENVIRONMENT SOCIETY INCORPORATED (ENV-2016-AKL-131) PIETER DIRK SIELING & KJ SIELING (ENV-2016-AKL-137) ROYAL FOREST & BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2016-AKL-143) ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (ENV-2016-AKL-147) Appellants THAMES-COROMANDEL COUNCIL Respondent DISTRICT 2 Court: Hearing: Appearance...

8. LCRO 382/2013 SC v JT (30 June 2017) [pdf, 193 KB]

   ...determination, has been to: (a) Consider all of the available material afresh, including the Committee’s decision; and (b) Provide an independent opinion based on those materials. Analysis [24] Mr KL filed written submissions at hearing, and carefully took me through each of the submissions. [25] Before addressing those submissions, I turn briefly to aspects of the Committee decision, and the conduct rules engaged by this review. [26] Careful reading of that decision give...

9. E80 Karen Wilson - EIC - Te Ākitai Waiohua [pdf, 921 KB]

   ...1 Marsden, Rev M and Henare, Te A “Kaitiakitanga, A Definitive Introduction to the Holistic World View of the Māori” (paper presented, November 1992). 2392 TU-447097-3-1335-V4:TKB 5 informs sustainable management, the protection of natural resources and careful monitoring and safeguarding of the environment. 30. Te Ākitai Waiohua welcomes any opportunity to exercise their right to act as kaitiaki and to facilitate sustainable development. 31. In the con...

10. IB v QY LCRO 242 / 2010 (10 February 2012) [pdf, 86 KB]

    ...have been affected or influenced by that 3 allegation. It was said that the Practitioner ‘took a position’ in relation to the advice he gave, and that his representation of his clients was, or could have been, affected by concerns to protect the interests of the firm. Standards Committee enquiry [11] The New Zealand Law Society investigated the complaints and its decision sets out the background in some detail which I have considered necessary to restate here. It...