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1. Canterbury Standards Committee v X [2011] NZLCDT 19 [pdf, 125 KB]

   ...not a fit and proper person to be a legal practitioner. The respondent’s position [8] For the respondent, it was submitted by his counsel that striking off would not be an appropriate response, as it was not necessary to do that to protect the public. This matter was said to be one episode in a largely unblemished career, 4 arising from a serious error of judgment at a time when the respondent was said to be adversely affected by mental health issues. Accordingly, it w...

2. 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...

3. 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...

4. 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...

5. [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...

6. 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...

7. 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...

8. Recommendations recap - issue 2 [pdf, 1.7 MB]

   ...occurring in the future. In order to publicise these lessons, the findings and recommendations of most cases are open to the public. Table of contents 1 Case study butane 11 Recommendations 11 Adverse effects or reactions to medical or surgical care 15 Aged care 15 Child deaths 17 Deaths in custody 26 Drugs, alcohol or substance abuse 27 Fall 27 Fire-related 27 Homicide or interpersonal violence 28 Mental health issues 28 Natural causes 28 Product-related 29 Recreational or lei...

9. 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...

10. Govt-Response-to-Petition-of-Pandora-Black-Repeal-S19-PRA-2003-FINAL-v2.pdf [pdf, 347 KB]

    ...Petition). Background 2 The Petition, submitted by sex worker and activist Pandora Black, requests that the House of Representatives pass legislation to repeal section 19 of the Prostitution Reform Act 2003 (the Act) and apply the same rights and legal protections to migrant sex workers who are on a work visa as given to citizens. 3 The Act decriminalised prostitution for most people in New Zealand. It allows sex workers to benefit from ordinary employment relationships, the enforce...