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1. AQ v UD LCRO 188/2013 (10 August 2013) [pdf, 206 KB]

   ...further action in relation to her complaint against Mr UD. Mr UD was counsel for Mrs AQ in a High Court appeal hearing. Background [2] Mrs AQ and Mr B are the parents of C. They were involved in Family Court proceedings in relation to C’s care. The pivotal issue was whether or not Mr B had sexually abused his daughter or whether for any other reason he was not a suitable person to have the unsupervised care of his daughter during weekends. The Family Court found that M...

2. Livingstone v Animal Health Board — Lake Rotoaira Forest Lands (2009) 245 Aotea MB 124 (245 AOT 124) [pdf, 133 KB]

   ...aerial drop of the poison known as 1080 over various blocks of Māori freehold land in which he claims an interest as an owner. Mr Livingstone says that the use of 1080 will have a devastating effect on wildlife including important national and protected species. He further claims that the Animal Health Board and associated authorities have failed to notify, provide opportunity for discussion and secure the support of the trustees and owners of the affected lands. Mr Livingstone th...

3. CAC20005 v Morton-Jones [2015] NZREADT 71 [pdf, 141 KB]

   ...prosecution having encapsulated submissions under the above heading which are substantially as follows. [8] It is well established that penalty decisions of professional disciplinary tribunals should emphasise the maintenance of high standards and the protection of the public through specific and general deterrence. While this may result in orders having a punitive effect, this is not their purpose; Z v CAC [2009] 1 NZLR 1; CAC v Walker [2011] NZREADT 4. Section 110(2) of the Act set...

4. National Standards Committee v Toner [2013] NZLCDT 38 [pdf, 102 KB]

   ...information before the Tribunal about Ms Toner’s psychological history and various treatments undertaken by her. [10] This was not only necessary because of the need to understand how Ms Toner came to be before us but also to fulfil our obligation to protect the public from any future “acting out” on Ms Toner’s part as a result of her personal difficulties. [11] The focus of the hearing was squarely on Ms Toner’s steps towards rehabilitation thus far and risks to that by p...

5. [2015] NZEmpC 8 Q v Commissioner of Police [pdf, 110 KB]

   ...pursuant to the Court’s inherent jurisdiction. In fact the Employment Court does not have an inherent jurisdiction. 2 What the Employment Court does have as a Court of record, however, is an inherent power to control its procedures and to protect its processes from abuse. 3 Discussion [13] In Watson v Clarke, Robertson J explained the distinction between the inherent powers of a Court and inherent jurisdiction in the following way: 4 The latter [i.e. inherent jurisdiction...

6. BORA Health (Drinking Water) Amendment Bill [pdf, 405 KB]

   ...conclusion we considered potential issues of inconsistency with sections 17, 21, and 25(c) of the Bill of Rights Act. 3. The Bill proposes to establish a regime to ensure best practice for the delivery and management of drinking-water supplies to protect the health and safety of people and communities. For example, the Bill: • requires certain drinking-water suppliers and water carriers to have a public health risk management plan; • requires drinking-water suppliers to comply wit...

7. Kaupapa Maori responses to violence against wahine Maori [pdf, 965 KB]

   ...Transforming the normalisation of intergenerational whānau (family) violence. Journal of Indigenous Wellbeing, 1(2), 32-43. Retrieved from https://journalindigenouswellbeing.com/media/2017/12/84.81.Investigating-M%C4%81ori- approaches-to-trauma-informed-care.pdf 7 The Māori Reference Group. (2009). E Tu Whānau-ora: Programme of Action for Addressing Family Violence 2008-2013 8 The Taskforce defines tikanga as the process of practicing Māori values; tikanga prescribes acceptable and u...

8. Issue 25 1 October 31 December 2020 [pdf, 737 KB]

   ...18 Hohaia [2020] NZCorC 89 (4 November 2020) ...................................................................... 18 Mr X [2020] NZCorC 91 (5 November 2020) .......................................................................... 20 Medical Care ............................................................................................................................ 21 Cambie [2020] NZCorC 74 (12 October 2020) ..........................................................................

9. Butcher v NZ Transport Agency [2022] NZHRRT 21 [pdf, 586 KB]

   ...teaching, either individually or in community with others, and either in public or in private. [5] In light of those provisions, Mr Butcher submitted that the religious beliefs of people such as him whose religious beliefs are not widely shared are protected, directly and indirectly by s 19 of the Bill of Rights Act. [6] Mr Butcher further relied on ss 13 and 15 to argue that the meaning of religious belief under the HRA must be understood to include both the belief itself and the mani...

10. BORA Smoke-Free Environments (Tobacco Plain Packaging) Amendment Bill [pdf, 294 KB]

    ...the Bill of Rights Act affirms New Zealand’s commitment to the International Covenant on Civil and Political Rights, Article 19(3) of which expressly states that the right to freedom of expression may be subject to limitations necessary for the protection of public health. In addition, we again note that limits on commercial expression are more readily justifiable than other forms of expression. Rational connection 11.We consider that the limit on the right to freedom of expression...