313 Aotea MB 260 IN THE MĀORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT A20120015584 UNDER Section 135 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF Lot 37-49 DP 34051 – Change from Māori Freehold land to General Land BETWEEN RAKI HORI MANUNUI, WEHI POTAKA Applicants AND VIRGINIA CHURCH Respondent Hearing: 301 Aotea MB 153-156 dated 22 April 2013...
...High Court focuses on liability and remedies which were what the settlement agreement was concerned with. There may be, as in this case, an overlap in remedies, but that is provided for within the Act to ensure there is no ‘double recovery’. Section 155(1) of the Act states: “That nothing in this Act affects any civil remedy that a person may have against an agent, branch manager or salesperson.” 6 [28] Logically, the reverse must also be true: that no civil remedy s...
...may have that effect, but to ensure that appropriate standards of conduct are maintained in the occupation concerned. 2 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citation omitted). 5 … The purpose of disciplinary proceedings is materially different to that of a criminal trial. It is to ascertain whether a practitioner has met appropriate standards of conduct in the occupa...
...the public and the profession is the focus, the issues of punishment and deterrence must also be taken into account in selecting the appropriate penalty.5 3 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] and [151]. 4 Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) at 724–725 and 727; Bolton v Law Society [1994] 2 All ER 486 (EWCA) at 492; and Z, above n 3, at [151]. 5 Patel v Complaints Assessment Committee HC Auckland CIV-2...
LCRO 124/2010 CONCERNING An application for review pursuant to Section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the Auckland Standards Committee 3 BETWEEN BM of Auckland Applicant AND YI of Auckland Respondent The names and identifying details of the parties in this decision have been changed. DECISION Background [1] In 1992, the Applicant was convicted of two charges of obtaining credit by false...
...rationally connected with the objective? ii. does the limit impair the right or freedom no more than is reasonably necessary for sufficient achievement of the objective? iii. is the limit in due proportion to the importance of the objective? Section 21 Search and Seizure 6. Section 21 of the Bill of Rights Act provides the right to be secure against unreasonable search and seizure. There are two limbs to the s 21 right. First, s 21 is applicable only in respect of those act...
...working days of the date of this decision and response or responses within a further 15 working days. We will attend to the issue on the papers. For the court: LJ Newhook Principal Environment Judge APPENDIX A Consent Conditions Under section 108 of the RMA, this consent is subject to the following conditions: Location of activity within the site 1. The events allowed by this consent shall be limited to the area of the site shown on the attached plan prepared by BK Design A...
Contents Driving under the influence offences Offences for 'driving under the influence' include: 'driving causing death' (when under the influence of alcohol or drugs), 'driving under the influence of alcohol or other substance' and 'exceed the prescribed content of alcohol or other substance limit'. 'Driving under the influence' offences include driving under the influence of alcohol and/or drugs. Contents: Table 1: Number and perc
...necessary to consider in detail, although there are others. [9] The first is s 4 which relevantly states: 4 Parties to employment relationship to deal with each other in good faith (1) The parties to an employment relationship specified in subsection (2)— (a) must deal with each other in good faith; and (b) without limiting paragraph (a), must not, whether directly or indirectly, do anything— (i) to mislead or deceive each other; or (ii) that is likely to mislead or de...
362 Aotea MB 121 IN THE MĀORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT A20160004958 UNDER Section 165 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF Te Uta Murphy-Peehi Family Trust BETWEEN WHATARANGI MURPHY-PEEHI AND RICHALD MALCOLM HARKER Applicants Hearings: 22 November 2016 (Heard at Whanganui) Appearances: W Murphy-Peehi, R Harker, T Hibbard and T Hibbard-Nitz in person Judgment: 9 December 2...