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1. [2018] NZLCDT 22 Auckland Standards Committee 2 v Horsley [pdf, 194 KB]

   ...an expert but whose affidavit was simply read without cross-examination that a competent lawyer could have concluded there was no conflict of interest and therefore it was unnecessary to advise to seek independent legal advice. [35] The Rules do permit the practitioner to continue to act in circumstances such as these, however there must be the prior informed consent of all parties obtained. 4 Although given that she occupied the propert...

2. LCRO 149/2020 WM v VE and DP (14 December 2021) [pdf, 361 KB]

   ...elsewhere” as required. (b) Professional rules [128] Because I have concluded that, when advising the company, Mr VE and Mr DP also advised the four [Z] shareholders/directors, the question is whether their professional obligations and duties permitted them to do so. In particular, were they 30 See above n 24. 22 conflicted in their professional duties by acting for more than one client on the restructuring matter? [129] Rule 6.1 prohibits a lawyer from acting for mor...

3. [2024] NZEnvC 098 Neale Russell Limited v Waikato District Council [pdf, 408 KB]

   ...that the OLS and ANB provisions not be included in the PDP for the following reasons:1 (a) The ANB and OLS rules impose restrictions on the neighbouring property owners; (b) The Special Purpose Airport Zone as proposed by the submitter allows permitted activities that may have potential adverse effects on the rural environment; (c) There are concerns regarding a lack of consultation with the community, and that the ability for the neighbouring landowners and the community 1...

4. D-G of Conservation - Murray Brass - EIC - 25 February 2022 [pdf, 234 KB]

   ...at the Clutha District Council, and four years as Resource Planner / Policy Advisor at the University of Otago. 5. My experience relevant to the current process includes: (a) Eight years’ experience of processing the full range of water permits for regional councils, including as reporting officer for non-notified and notified applications, and as senior officer at hearings. Of this experience, a total of four years was in the Otago region. (b) Also, during my time i...

5. Cabinet Paper - Privacy Bill 2018 - Approval for Introduction and Additional Policy Decisions [pdf, 354 KB]

   ...the circumstances authorised under courts legislation. 1 Court information may be shared via an Approved Information Sharing Agreement only if it is a specified type of court information, called ‘permitted information’. Ministry information can be shared in accordance with relevant legislation, for example the Official Information Act and the Privacy Act. 7 Retiring Information Matching Programmes 37. Information matching...

6. LCRO 64/2020 - QR - Application for review of a prosecutorial decision (7 September 2020) [pdf, 219 KB]

   ...the preliminary screening and to present the cases, and that the decisions that count are made on the basis of the trial” [authorities cited omitted] There is a strong pragmatic argument that the disciplinary process should not be prolonged by permitting a review of a decision to prosecute. Any arguments that the decision to prosecute is ill founded can of course be properly raised before the Tribunal itself…. 19 OJ v PT LCRO 168/20...

7. [2021] NZEnvC 129 Roberts Street Action Group Incorporated v Taupo District Council [pdf, 412 KB]

   ...RMA can succeed to become or otherwise be substituted for the appellant in a proceeding of this kind. Succession or substitution as appellant In submissions in support of its application, counsel for Restaurant Brands stated that if it were permitted to join the appeal it would become the appellant given the withdrawal of the Roberts Street Action Group and suggested without elaboration that this would not be procedurally complicated. Implicit in counsel’s submission is the...

8. Independent review of intelligence and security - call for submissions [pdf, 951 KB]

   ...and NZSIS to facilitate the performance of their functions. When GCSB is acting under its information assurance and cyber security function or its intelligence gathering and analysis function, it can apply for:  interception warrants, which permit the use interception devices to intercept communications, and  access authorisations, which allow access to information infrastructures (including communications and information technology systems). The GCSB can also access communic...

9. BORA Public Safety (Public Protection Orders) Bill [pdf, 352 KB]

   ...for preventive detention of potentially recidivist offenders is compatible with such rights only where undertaken in such a context.[32] Conclusions in respect of the Bill 24. The powers provided by the Bill are significant: not only do they permit further detention following completion of a sentence, but the explanatory note to the Bill anticipates that some detainees may never be released. I am also conscious that the potential for the Bill to give rise to further punitive detenti...

10. BQ OQ v ET [2023] NZDT 242 (13 April 2023) [pdf, 241 KB]

    ...reduction in the benefit received by BQ. 15. It is immaterial to my findings that Booking.com’s website sets out a cancellation policy, because BQ did not cancel for her own purposes, she cancelled due to ET’s breach of the contract, which is permitted by s37 of the CCLA. What should the remedy be and is the amount claimed proved and reasonable? 16. When a contract is cancelled by a party, the Tribunal may, if it is just and practicable to do so, make an order granting rel...