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1. RIS - Abortion Law Reform [pdf, 750 KB]

   ...The issue of safe access zones was also raised in the briefing paper as a topic for possible further consideration by the Government. Some jurisdictions have introduced these zones, which apply within a specified radius of an abortion facility, to protect women entering an abortion facility from intimidating behaviour. Abortion statistics About 13,000 women in New Zealand have an abortion every year (13,285 in the year ended December 2017, or 13.7 abortions per 1,000 women aged 15-4...

2. BORA Armed Forces Law Reform Bill [pdf, 557 KB]

   ...appeared to be inconsistent with the New Zealand Bill of Rights Act 1990 (the "Bill of Rights Act"), we now provide detailed advice on a number of proposals in the Bill that appear to raise issues of consistency with the rights and freedoms protected in the Bill of Rights Act. As mentioned in our letter, the late receipt of the final version of the Bill meant that we were not in a position to provide detailed advice to you on these matters at that time. We understand that the Bil...

3. BORA New Zealand Intelligence and Security Bill [pdf, 292 KB]

   ...(unreasonable search and seizure) of the Bill of Rights Act. We also consider limits on s 14, s 18, s 25(c) and s 27. These rights are fundamentally concerned with fairness, individual autonomy, privacy and dignity. Any limitation on these rights requires careful scrutiny and justification. 6. We have also taken into account the unique environment that the intelligence and security agencies operate in. We recognise that safeguards need to adapt to this environment. 7. We conclude that...

4. LCRO 173/2022 JV v QR (6 May 2024) [pdf, 183 KB]

   ...trustees were MV and his solicitor, Mr LB. The discretionary beneficiaries were MV, AH and AH’s family members. The applicant was not a beneficiary of the Trust. [5] In 2008, MV appointed AH as his enduring attorney for both property and personal care and welfare. [6] The applicant lived overseas for many years. He returned to New Zealand in 2016 and saw MV regularly from then on. [7] In mid-2019, MV was in his 90s. In June of that year, his mental capacity was assessed by...

5. CA v DO LCRO 68 / 2012 (26 September 2013) [pdf, 98 KB]

   ...opinions, but they were people whose opinions carried some weight. [31] The Complainant expresses unhappiness that her mother now has a mind-set that nobody can move her. That has no doubt caused difficulties in ensuring that DP is properly cared for, but the presumption in the Protection of Personal and Property Rights Act 1988 is that:9 every person is presumed, until the contrary is shown, to have the capacity to understand the nature of decisions about matters relating to his...

6. Tamplin v Boizard [2021] NZHRRT 42 [pdf, 242 KB]

   ...older people, Dr Robert Blackbeard, dated 14 April 2015. The letter from Dr Boizard is set out below: Following on our telephone conversation, the following: Andrew is not presently able to make well informed decisions about his personal health care or finances. I was informed that you hold Enduring Power of Attorney and will act in Andrew’s best interest. Brandon Cullen, as executor and director, will also receive a copy of these documents. I am concerned about Andrew’s well...

7. Burrows & Anor v CAC20002 & Ors [2015] NZREADT 53 [pdf, 142 KB]

   ...instructions to share their commission on the said property sale with the appellants’ previous salesperson, Mr R Robertson, but that contrary to these instructions, and in breach of Rule 9.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009, the licensees did not share their commission with Mr Robertson. That Rule 9.1 reads as follows: “9.1 A licensee must act in the best interests of a client and act in accordance with the client's instructions u...

8. Auckland Standards Committee 2 v Gardner [2017] NZLCDT 17 [pdf, 203 KB]

   ...is nothing inherently wrong with the trust model but argued that the trust wasn’t drafted correctly. First it did not achieve the aim of the instructions in that it was not fixed. Secondly, there ought to have been a record put in place to protect B and J such as a life interest and as well their being nominated as discretionary beneficiaries. He submitted the drafting errors were serious because it alienated the property away from B and J. Such a serious drafting error theref...

9. YCAP - information sharing guide [pdf, 2.9 MB]

   ...or young person • Section 16 – Protection of person reporting ill-treatment or neglect of child or young person • Section 59 – Application for production of documents relevant to investigation of whether child or young person in need of care or protection • Section 66 – Government Departments may be required to supply information Health Act 1956 • Section 22C – Disclosure of health information • Section 22F – Communication of information for diagnostic and ot...

10. Canterbury Westland Standards Committee v Hemi [2013] NZLCDT 23 [pdf, 121 KB]

    ...cancer and during the year underwent chemotherapy followed by radiotherapy. From statements provided to the Tribunal it is clear that this is a close- knit family albeit spread around the North Island and Australia. The family agreed to share the care of their mother while she was undergoing the cancer treatment. Indeed it is accepted by Mr Hemi’s mother and sister that considerable pressure was put on Mr Hemi despite his stressful workload, to take his share by visiting his mothe...