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1. BORA Freedom Camping Bill [pdf, 321 KB]

   ...residents and costs for local authorities and the Department of Conservation. 4. The Bill achieves its purpose by creating an infringement regime in relation to freedom camping on local authority controlled and public conservation land, in order to protect the environment, health and safety and access to public places and sites of significance for public enjoyment. It allows for camping to generally be permitted unless restricted or prohibited either through local government bylaws or th...

2. INZ (Gilray) v Croxson [2019] NZIACDT 79 (9 December 2019) Sanctions [pdf, 117 KB]

   ...there was no lack of probity on his part 2 Immigration Advisers Licensing Act 2007, s 7(1). 4 nor was the quality of his own work (finalising and filing the applications) substandard or lacking in care. [16] Mr Croxson was also found to have failed to enter into written service agreements with the two clients and to have failed to personally provide and explain to them a summary of his responsibilities, the Code, his complaints proce...

3. BORA Anti-Money Laundering and Countering Financing of Terrorism Bill [pdf, 313 KB]

   ...21. 3.2 The Bill provides for a number of offences for failure to comply with various obligations without reasonable excuse (clauses 104, 105, 108 and 109), thereby placing an evidential onus on the accused, contrary to the presumption of innocence protected by s 25(c). 3.3 The Bill provides for a civil pecuniary penalty in respect of civil liability acts (clause 88). As this penalty is similar to other penalties in the Bill that are expressed as criminal, it raises the issue as to whet...

4. [2020] NZIACDT 33 - RV v Aiolupotea (27 July 2020) [pdf, 208 KB]

   ...material discussions, in breach of cl 26(c); and (3) failed to provide the full client file to the Authority, in breach of cl 26(e). (4) failed to respond to the letter of 8 March 2018, thereby being unprofessional and lacking diligence and due care, in breach of cl 1; and (5) failed to inform the complainant of the decline of his visa application or provide advice regarding his unlawful status, thereby being unprofessional, in breach of cl 1. 4 [15] Furthermore, Mr Aiolupote...

5. International Covenant on Civil and Political Rights - list of issues 6th report [pdf, 51 KB]

   ...situation, including new measures and developments relating to the implementation of the Covenant 1. Please provide detailed information on any significant developments in the legal and institutional framework within which human rights are promoted and protected at the national level that have taken place since the previous periodic report, including any relevant case law. Please also provide information on measures adopted to disseminate the Covenant among judges, lawyers and prosecuto...

6. INZ (Calder) v Ji [2019] NZIACDT 68 (1 October 2019) Sanctions [pdf, 119 KB]

   ...communicating with the client through multiple entities, including a company in another country which was not part of Mr Ji’s employer. Such a business structure meant that he had been neither professional nor diligent, had he conducted himself with due care. In respect of the provision of false documentation to Immigration New Zealand, while he did not know the documents were false, he had been negligent in the way the documents had been obtained and provided to the agency. His...

7. Godinich v Guan Thye Heng Co Ltd [pdf, 97 KB]

   ...cladding has been removed, I think that it is probable that the remedial work will be restricted to a reconstruction of the top of the balustrade. There are a number of different ways of waterproofing the top, but all will involve installing a protective capping along the full length of the balustrade and ensuring proper junctions with the external walls of the house. I would accept the costings provided by Mr Jordan as being reasonable, and would set the cost of the remedial wo...

8. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 124 KB]

   ...on the architect’s plans. [5] The Simpsons believed that the contract was: • to prepare working drawings, • supervise the construction project, and • manage the whole process acting as their agent and ensuring their interests were protected. [6] The nature of the contract was disputed by Mrs O’Callaghan who says, inter alia, that the Simpsons were not willing to pay for supervision of the contract. [7] Mrs O’Callaghan drew plans from the architect’s sket...

9. Holland & Ors as Trustees of the Harbourview Trust v Auckland City Council [pdf, 258 KB]

   ...consented plans also had stamped on them the requirement that the cavity between the backing and the building Page 17 of 44 paper was to be sealed from the roof space and the subfloor and opened at the bottom to drain moisture to the outside but protected against the entry of vermin. [45] I accept that the lack of an adequate drainage plane or the sealing of the drainage plane has contributed to the damage resulting from water ingress. The responsibility for this defect...

10. LCRO 03/2012 TX v NE [pdf, 221 KB]

    ...be some doubt as to the competence of an elderly person and this review concerns the question of what is the appropriate course of conduct for a lawyer faced with such uncertainty. Regrettably conflict between family members in respect of the care and protection of elderly members of the family is not uncommon. At the root of this complaint is the conflict between ND and the Applicant. On the one hand the Applicant considers that ND was acting in his own interests and not using his...