Search Results

1. Chand and Kumari v Prakash [2012] NZIACDT 85 (3 December 2012) [pdf, 178 KB]

   ...decision the Tribunal is required to weight the public interest against Mr Prakash’s interests. When dealing with integrity issues there is never any certainty, short of exclusion from a profession, that a person will not reoffend. This Tribunal must carefully weigh the circumstances. It is appropriate to place an element of considered trust in a practitioner who is has shown the capacity and willingness to rehabilitate. [59] It is significant that this case involves dishonesty. Tha...

2. BORA Customs and Excise Bill [pdf, 231 KB]

   ...the Bill of Rights Act. Section 22 – Liberty of the person 72. Section 22 of the Bill of Rights Act affirms that everyone has the right not to be arbitrarily arrested or detained. The purpose of the right not to be arbitrarily detained is the protection of human dignity, autonomy and liberty. 12 73. To trigger the concept of detention there must be a “substantial intrusion on personal liberty” 13, whether a physical deprivation or a statutory constraint. The Court of Appeal...

3. BORA Civil Union Bill [pdf, 272 KB]

   ...and 17 year olds to obtain consent before they may enter a civil union. First, it is considered reasonable to provide certain limits on persons under 18 years from entering into a relationship as significant as a civil union. The consent requirement protects those 16 or 17 year olds who may not have sufficient maturity and capacity to understand the significance of entering into a civil union and the effects of that arrangement. Further, the Bill provides a process whereby 16 or 17 year o...

4. BORA Waitaha Claims Settlement Bill [pdf, 286 KB]

   ...vesting of certain property freehold and subject to reserve status. It provides claimants with various associated rights in respect of culturally significant matters, including statutory acknowledgements and overlay classifications with associated protection principles and rights of consultation. Discrimination - Section 19 3. Although the Bill confers assets and interests on Waitaha that are not conferred on other people it does not, in my view, create a limit on the freedom from...

5. BIM-Justice-July-2023_FINAL.pdf [pdf, 2.2 MB]

   ...possibility of introducing a Bill before the election to address this issue. As the Parole Act 2002 is jointly administered, you would need to consent to any legislative changes. 39. There are significant human rights implications, which will need to be carefully considered. As soon as a way forward is agreed upon, we will provide advice on these issues. You have a role in progressing critical justice infrastructure decisions 40. Two critical infrastructure projects are approaching d...

6. [2025] NZLCDT 25 Auckland Standards Committee 1 v Wintour (7 May 2025) [pdf, 203 KB]

   ...that he is not a fit and proper person or is otherwise unsuited to engage in practice as a lawyer. [7] His misconduct involved deception (of the Probation Officer) that he (or his agent) was entitled to the material. The information is closely protected by law. It is sensitive personal information. The complainant was entitled to expect it would be safeguarded. As a criminal lawyer, Mr Wintour ought to understand the sensitivity of such material and he ought to have appreciated...

7. LCRO 138/2023 FK v LM (12 June 2025) [pdf, 230 KB]

   ...decision deals with the rest of the applicant’s complaints against the supervising partner. What gave rise to the complaint? [5] The applicant was a recently qualified lawyer who represented himself in relationship property, family violence and care of children proceedings before the Family Court, principally because he could not afford a lawyer. He had no experience in the field. [6] The respondent and her supervising partner represented the wife between June 2020 and September 2...

8. Nelson Standards Committee v Ord [2025] NZLCDT 4 (17 January 2025) [pdf, 252 KB]

   ...without collegial support or access to a mentor, Dr Ord’s efforts to assist his client were ultimately unsuccessful and she felt very let down. [3] Dr Ord admitted one charge of misconduct comprising reckless breach of numerous rules of client care and conduct.1 At the hearing on 19 December 2024, the issue for determination was the proportionate penalty to be imposed, having regard to the legislative purposes of public protection and the upholding of the standards and reputati...

9. Section 7 reports

   Year Title of Bill Section of Bill of Rights Act Type of Bill 2025 Electoral Amendment Bill Section(s) 12, 14 and 25 (g) Government Bill 2025  Valuers Bill Section 19 Government Bill 2024 Child Protection (Child Sex Offender Government Agency Registration) Amendment Bill [PDF, 632 KB] Section(s) 25(g) and 26(2) Government Bill 2024 Land Transport (Drug Driving) Amendment Inconsistent with s 21 and s 22, consistent with s 25(c) Government Bill  2024 Parole (Mandatory Comp...

   Located in:

   1. Justice sector & policy >
   2. Constitutional issues & human rights >
   3. The Bill of Rights Act >
   4. Compliance reports

10. Appointment of additional guardian by parents [pdf, 193 KB]

    Form – Appointment of additional guardian by parents Section 23, Care of Children Act 2004 1. Appointment of additional guardian of child 1. Appointment ……………………………………………………………………………… [full name] is appointed as additional guardian of the child ……………………………………………………………………………… [full name] on approval of this form and the other required documents b...