Search Results

1. [2021] NZEnvC 096 Northland District Health Board v Northland Regional Council [pdf, 9.7 MB]

   ...acknowledge that the plan has been through an extensive and iterative process and that we are focussed only on the provisions that are before us. Nevertheless, we repeat our earlier comments and other decisions about Te Mana o te Wai and the need to protect not only our waters but our biodiverse ecotones from further loss. [35] Beyond this, the Health Board is particularly concerned at the potential for agrichemicals to affect humans. They note that the Northland population is among...

2. BORA Members of Parliament (Pecuniary Interests) Bill [pdf, 93 KB]

   ...unreasonable search and seizure. In our opinion, the search and seizure powers accorded to the Auditor-General are reasonable in terms of section 21, particularly in light of the objectives of the Bill. The Public Audit also provides the following protections: (a) the circumstances in which the Auditor-General’s search and seizure powers may be invoked are limited to the exercise of his or her functions, duties or powers under the Bill; (b) the powers conferred on the Auditor...

3. BORA Health Practitioners (Replacement of Statutory References to Medical Practitioners) Bill [pdf, 207 KB]

   ...• Mental Health (Compulsory Assessment and Treatment) Act 1992 • Misuse of Drugs Act 1975 Consistency with the Bill of Rights Act Section 21 – Security against unreasonable search and seizure 6. Section 21 of the Bill of Rights Act protects against unreasonable search and seizure. There are two limits to the section 21 right. Section 21 is applicable only in respect of those activities that constitute a "search or seizure", and protects only against those search...

4. Auckland Standards Committee 4 v Schlooz [2021] NZLCDT 12 ( 14 April 2021) [pdf, 400 KB]

   ...different aggravating and mitigating features mean that we cannot accept that the submission made by Mr Judd that a suspension has been reserved for cases of dishonesty or multiple professional failures in dealing with clients. [55] We have given careful analysis to the cases we have been referred to and the principles extracted and relied on by counsel. We consider we have struck the appropriate response having regard to the facts of this case and its comparison with others cited...

5. LCRO 193/2017 AA v BB and CC (29 November 2019) [pdf, 153 KB]

   ...misapprehension that he could litigate an employment dispute through the vehicle of a conduct complaint. Secondly, I was concerned that Mr AA was continuing to file extensive information. [45] In that Minute, I noted the following: [8] Having carefully considered the information filed by Mr AA, it is my view that he is labouring under the apprehension that his employment dispute can be litigated through the LCRO. [9] The submissions filed by Mr AA in support of his application are...

6. Media Protocol 2017 - Youth Courts [pdf, 129 KB]

   ...suppression of these details as they are automatically suppressed. A Judge can never approve publication of these details. These details include: a. The name of the child or young person or the names of the parents or guardians or any person having care of the child or young person. b. The name of any school the child or young person is or was attending. c. Any other name or particulars likely to lead to the identification of the child or young person or of any school that the...

7. 2019 Youth Court Protocol [pdf, 150 KB]

   ...suppression of these details as they are automatically suppressed. A Judge can never approve publication of these details. These details include: a. The name of the child or young person or the names of the parents or guardians or any person having care of the child or young person. b. The name of any school the child or young person is or was attending. c. Any other name or particulars likely to lead to the identification of the child or young person or of any school that the ch...

8. Rewita - Opape 5A2B2 (2009) 111 Ōpōtiki MB 71 (111 OPO 71) [pdf, 432 KB]

   ...nature and importance of the matter. [22J In such a situation where there are clearly competing views, I should also consider the Preamble to Te Ture Whenua Maori Act 1993 and sections 2 and 17. Given those provisions it is my responsibility to protect minority interests in the land against an oppressive majority and to protect majority interests against an unreasonable minority. I must also ensure fairness in dealings with any of the owners of the land. On balance in this case, a...

9. BORA Smoke-free Environments (Controls and Enforcement) Amendment Bill [pdf, 338 KB]

   ...conduct to be regulated b) the ability of the defendant to exonerate themselves and the risk of conviction of an innocent person, and c) the penalty level. The offence relates to certain activities that require the participant to display a level of care where failure to display that care may lead to harm to the public (ie. young people taking up smoking). The objective of including strict liability offences is to increase the likelihood of successful enforcement action to promote t...

10. LCRO 164/2019 SM v NL (25 June 2020) [pdf, 150 KB]

    ...[29] The duty of loyalty requires a lawyer to act single-mindedly and disinterestedly in the interests of their clients. [30] Loyalty to clients has been described as the hallmark of the legal profession.3 The idea that a lawyer will work to protect and promote the interests of his or her client to the exclusion of all others is at the root of the lawyer-client relationship. [31] However, it is not the case that the duty of loyalty owed by a lawyer to their client continues after...