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1. BORA Copyright (New Technologies And Performers' Rights) Amendment Bill [pdf, 278 KB]

   ...way that meets society’s needs. The purpose of the Bill is to clarify the application of existing rights and exceptions in the digital environment (taking account of international developments) without changing the existing balance between protection and access. 3. We consider that the Bill appears to be consistent with the Bill of Rights Act. The Courts have recognised that copyright laws do place constraints on the right to freedom of expression contained in section 14 of the Bi...

2. Balatbat v Sparks [2016] NZIACDT 27 [pdf, 254 KB]

   ...and 8(d) of the 2010 Code). [53.4] maintained business practices under which he relied on unlicensed people acting as his employees or agents to provide immigration advice to his client (Clauses 2.1(b) and 3 of the 2010 Code). [53.5] failed to protect against the risk of inaccurate information being supplied to immigration New Zealand (Clause 2.1(f) of the 2010 Code). [53.6] failed to perform his services with due care, diligence and professionalism, including by failing to take r...

3. JE v AC and SY LCRO 259/2012 (17 February 2015) [pdf, 154 KB]

   ...provisions establish the statutory context within which to consider the conduct of lawyers, and help to inform the application of the Rules and professional standards. The Rules [44] In addition to the statutory obligation on a lawyer which includes protecting the interests of his or her clients, and acting in accordance with fiduciary duties and duties of care owed to his or her clients, the Rules set the minimum standards that lawyers must observe, and provide a reference point...

4. LCRO 205/2015 R and N FAMILY TRUST v EL (27 June 2019) [pdf, 314 KB]

   ...trustees in relation to the interlocutory application to set aside notices of protest, did Mrs EL fail to raise s 11 of the Arbitration Act? If so, did that mean Mrs EL had failed to act competently and in accordance with the duty to take reasonable care?1 1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, r 3. 6 (b) If Mrs EL failed to raise s 11 of the Arbitration Act, did that mean the fees Mrs EL...

5. Te-Iwi-o-Ngati-Tukorehe-Trust-Cultural-Impact-Assessment-v2.pdf [pdf, 4.3 MB]

   ...This event is an important part of the heritage and history of Ngāti Tukorehe and association with the Ōhau Awa,  where three of these massive logs needed for the building of Rangiatea church are located alongside the Ōhau  Awa  in  the Pukeatua area. Ensuring  that  these massive  totara  trees are  recognised and protected  is  vitally  important to Ngāti Tukorehe and therefore is articulated here in this report.31    �...

6. E83 Marian Smith and Josephine Peita - EIC - Ngaati Te Ata [pdf, 1.1 MB]

   ...2484 TU-447097-3-1284-V9:TU 5 influence through the generations the greater the mana. Maintaining clean waterways is a simple but essential exercise to enhance mana as it impacts on the wellbeing of the people. Our kaitiaki therefore are very careful and conscientious of how we conduct ourselves when caring for waahi tapu, taonga, sources of food and water. Our actions today have consequences on the issue of tomorrow – ngaa uri whakatupuranga. 23. Tapu is contained in its...

7. LCRO 197/2016 BC v RN (23 May 2017) [pdf, 99 KB]

   ...to Mr RN. [5] Mr and Ms BC owned the family home, subject to a mortgage, jointly with one of their two daughters, Ms M. Ms M lived overseas. She was to retain her interest in the property. Mr RN was concerned about the potential for a Family Protection Act claim by the other daughter, whose interests were not protected by the interests registered jointly on the title. [6] [Bank] was not satisfied that Ms BC or her daughter could manage the loan repayments. Ms BC says that the...

8. Ngati Pahauwera Report of Independent Assessor December 2015 [pdf, 1.4 MB]

   ...Part III: Statutory provisions relevant to Ngati Pahauwera’s application (a) Customary marine title, s 58 application ................................. 7 (b) Section 78 wahi tapu claim .........................................................8 (c) Protected customary rights under s 51 .....................................9 Part IV : The evidence and an agreed approach .........................................................10 Part V : Customary marine title claim under s 58 Holds the speci...

9. Restorative justice: Practice standards for family violence cases 2019 [pdf, 1.5 MB]

   ...Restorative Justice Standards for Family Violence Cases was released in July 2013. They were released after considerable consultation with, and input from, restorative justice providers and facilitators. In developing the new standards in 2018, careful consideration was given to ensuring they reflected the most up-to-date approaches to risk assessment and safety planning while building on the work carried out to develop the 2013 standards. The standards were published as a living d...

10. LCRO 186/2017 and 84/2018 WE v VF (28 May 2019) [pdf, 190 KB]

    ...the Committee that a fine is appropriate and I consider that the sum of $3,500 sufficiently meets the seriousness of this conduct. That sum to be paid to the New Zealand Law Society within 30 days of the date of this decision. [145] I have given careful thought as to whether the censure should remain, and have decided, with some reluctance, to reverse that order. [146] The Committee was clearly concerned about Mr WE’s conduct in (as it found) blatantly acting against former clien...