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1. BORA Ngāti Manuhiri Claims Settlement Bill [pdf, 286 KB]

   ...that perpetuates legal, social or political disadvantage faced by a marginalised group in our society. 5. Clause 107 reserves a right of access to wāhi tapu, on land transferred to Ngāti Manuhiri under the settlement, for “Māori for whom the protected site is of special cultural, spiritual, or historical significance.” It might be argued that this clause raises a s 19 issue in relation to a wāhi tapu site that also has, say, historical significance to non-Māori. However, the acce...

2. 2024 NZPSPLA 108.pdf [pdf, 93 KB]

   ...subject to the condition that he not come to the negative attention of Police. [b] Mr RK has now breached that condition as he has been convicted on a charge of assault. [c] Mr RK was sentenced to 3 months home detention and issued with a Protection Order. This is the fourth protection order that has been issued against him. [d] Mr RK now has several disqualifying convictions as follows: [i] Assault against a family member - 6/11/24. [ii] 2 x contravenes pr...

3. EA v NR LCRO 130/2015 (31 October 2016) [pdf, 174 KB]

   ...over the “Conveyancers Code of Conduct” (presumably the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008) as well as correspondence and discussions between the new lawyer and Ms NR’s firm and NZLS. [56] I have carefully considered the attendances recorded in the invoice. I am not satisfied that it was necessary for Mrs EA to incur fees of $4,488 (plus GST and disbursements) to be able to make a complaint. All she needed to do was find out that t...

4. National Standards Committee 2 v Mr Q [2023] NZLCDT 14 (2 May 2023) [pdf, 213 KB]

   ...• Do two of the assaults each amount to unsatisfactory conduct or misconduct? • What is the appropriate penalty? • Should we order compensation? • Should Mr Q’s name be suppressed? [4] In describing Mr Q’s conduct, we have thought carefully about whether we should use the word “assault”. We have considered alternatives, such as “exploitative sexual contact” which was the term used by the High Court in Gardner-Hopkins (although counsel for the Standards Commi...

5. [2024] NZLCDT 45 Auckland Standards Committee 1 v Jindal (24 December 2024) [pdf, 197 KB]

   ...National Standards Committee [2019] NZHC 2268. 8 services. Conduct which was “connected to” the regulated services also fell within the professional role, because a wide interpretation of the definition was justified, having regard to the protective purposes of the legislation. [37] Orlov is also authority for the proposition that Parliament intended that there be no gap between the two roles of personal and professional through which a practitioner could escape. [38...

6. Youth Justice Indicators Counting Rules and Limitations April 2018 [pdf, 262 KB]

   ...relatively small numbers and changes in the recording of ethnicity over time. YJI 1.6. Proportion of 10-13 and 14-16 year olds referred for a FGC who have previously been the subject of a report of concern to Oranga Tamariki relating to their care and protection Counting Rules Section 2(2) of the Children, Young Persons, and their Families Act 1989 states that jurisdiction for proceeding against a child or young person is based on the person’s age when they allegedly offended...

7. Holmes v Commissioner of Police [2012] NZHRRT 17 [pdf, 80 KB]

   ...Our scrutiny was rigorous and took into account that s 87 of the Privacy Act places on the Commissioner the onus of proving exceptions to the Principle 6 right of access to personal information. Nevertheless, having given the redactions close and careful scrutiny, we are satisfied that the information withheld under s 27(1)(c) has been properly withheld under that section. Given the nature of the information we have seen, it is difficult to give precise reasons for our conclusion on an...

8. Canterbury Westland Standards Committee 1 v Williams [2019] NZLCDT 33 [pdf, 317 KB]

   ...happened. I let it happen. The milk was spilt. I couldn’t do anything about it”. [19] Mr Williams also accepted that the payments were made without authority and that the payments should not have happened.7 [20] We find, having listened carefully to the evidence of Mrs Z and observed her demeanour, that she did not consent to the loan nor have knowledge of the level of indebtedness. In any event Mr Williams admission of Conduct Unbecoming appears to concede in part that the...

9. Evaluation of Victim Support Services [pdf, 810 KB]

   1 Evaluation of Victim Support services Alison Chetwin, Trish Young, Elaine Mossman, Sue Carswell with Sue Triggs Final report July 2018 2 Acknowledgements The evaluators would like to give special thanks to Victim Support’s clients and others who took part in interviews for this evaluation. We’d also like to thank the Victim Support staff in Christchurch, Hutt Valley, Lakes Hub/Bay of Plent

10. Wellington Standards Committee 2 v O'Connor [2023] NZLCDT 25 (9 June 2023) [pdf, 188 KB]

    ...So too is the opportunity to foster rehabilitation in appropriate cases. … [13] His Honour then went on to quote the following passage from Daniels,5 which we consider to be important in the present case: [22] ... Tribunals are required to carefully consider alternatives to striking off a practitioner. If the purposes of imposing disciplinary sanctions can be achieved short of striking off then it is the lesser alternative that should be adopted as the proportionate response. Tha...