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1. [2019] NZEnvC 032 Tauranga City Council v Minister of Education [pdf, 917 KB]

   ...such conditions on an Augier basis)? [2] The parties have agreed that the Court should first determine whether the Council has the power under s 171 RMA to recommend a condition requiring a monetary contribution on the Ministers designation and, consequentially, whether the Environment Court has power under s 174 RMA to impose such a condition. [3] The term "monetary contribution' is used by the parties to avoid potential confusion with the terms "financial contribut...

2. Holden & Anor as Trustees of the Estate of Bruce Morris v Hanns [2010] NZWHT Wellington 23 [pdf, 432 KB]

   ...44 Cost estimates ...................................................................................................... 45 Adjustments .......................................................................................................... 47 CONSEQUENTIAL LOSSES .................................................................................... 50 Lost rental ............................................................................................................. 50 Conclusion...

3. Review of the Sale and Supply of Alcohol (Fees) Regulations 2013 Report [pdf, 2.3 MB]

   ...• However, many councils use the discretionary power in the Regulations to reduce the cost/risk category, and so the licence fee, of certain licence holders. Objective 4: Minimisation of harm • New Zealand Police data on the ‘Last Drink’ consumed by apprehended individuals indicates a downward trend since the introduction of the new regime. This trend is steeper than the downward trend for all comparable proceedings over the same period. • The number of ARLA enforcement...

4. Sale-and-Supply-of-Alcohol-Community-Participation-Amendment-Bill.FINAL.pdf [pdf, 3.3 MB]

   ...Appendix 3 – further information about population implications 1 Hazardous drinking carries an elevated risk of harm to individuals, whānau, community, future generations, and society. Approximately four out of five adults in New Zealand consume alcohol (meaning they had a drink in the last year).15 25% of adults who consume alcohol do so hazardously (meaning they have an established pattern of drinking that carries a high risk of future damage to physical or mental...

5. DA v EB LCRO 7/2013 (26 August 2014) [pdf, 125 KB]

   ...with the Lawyers and Conveyancers Act (Trust Account) Regulations 2008, because those Regulations only apply to funds held in trust accounts. [74] Neither of those conclusions sits comfortably with the wording of Rule 9.3, or the purposes of consumer protection and maintenance of public confidence in the provision of legal services set out in the Act.51 Trust Account Regulations 9 and 10 Nor do they engender compliance with minimum standards set out in the Rules that preclude c...

6. LCRO 210/2018 RF v TG (27 August 2020) [pdf, 231 KB]

   ...charge, was determined by the strict contractual rights and obligations specified in the letter of engagement. [127] The purpose of the Act includes the maintenance of public confidence in the provision of legal services,17 and the protection of consumers of legal services.18 [128] Important to the consumer protection objectives, is the guidance the Conduct Rules provide when assessing the reasonableness of a fee charged by a practitioner. [129] Importantly, a lawyer must not charge...

7. LCRO 123/2019 & 124/2019 MC v QK and QK v MC (3 March 2020) [pdf, 199 KB]

   ...interests to the exclusion of the interests of third parties; and (f) submissions filed by Mr MC’s counsel in response to the complaints, give indication that there was an acceptance by Mr MC, to some extent, that his conduct had fallen short. [21] Consequential upon its finding of unsatisfactory conduct, the Committee made orders that Mr MC be censured, pay a fine, and contribute to the costs and expenses of the conduct enquiry. Applications for review [22] Mr MC filed an app...

8. ENV-2016-AKL-000201 Progressive Enterprises Limited v Auckland Council [pdf, 4.2 MB]

   ...seeks that the minimum parking rates for retail and commercial services in the Metropolitan Centre, Town Centre, Local Centre and Mixed Use zones in the Panel's Recommendation be included in the Unitary Plan. 21. Progressive also seeks such consequential or related relief as may be necessary to give effect to its concerns. Service 22. An electronic copy of this notice is being served today by email on the Auckland Council at unitaryplan@aucklandcouncil.govt.nz. Waivers and dire...

9. BG v HL LCRO 71/2013 [pdf, 221 KB]

   ...Committee decision, and to make an unsatisfactory conduct finding. In arriving at that view, I have reached firm conclusion that Ms HL would benefit from a direction that she receive guidance from a senior practitioner. A consideration of the consumer protection objectives and the role of the disciplinary process in the maintaining of professional standards, were to the forefront when deciding to conclude the review. [34] Whilst attempts to negotiate settlement of a complaint are...

10. Ram-Raid-Offending-and-Related-Measures-Amendment-Bill_FINAL.pdf [pdf, 7.4 MB]

    ...counsels, or procures a person under the age of 18 to carry-out an offence. 15 invite the Minister of Justice to issue drafting instructions to the Parliamentary Counsel Office to implement the matters set out in recommendation 13, including any necessary consequential amendments; 16 agree the Amendment Bill be assigned a Category 2 status (to be passed before the election 2023); 17 authorise the Minister of Justice, in consultation with the Minister of Police and Minister for Children,...