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1. BORA Education Amendment Bill [pdf, 99 KB]

   ...seizure. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a "search or seizure". Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. 5. The Bill amends the Education Act 1989 (the 1989 Act) to give powers of entry and inspection to authorised persons to ensure that early c...

2. LA - Reference - Supervised provider - Part 3b [pdf, 536 KB]

   ...for the following areas of law as a supervised provider: Please ensure you mark your preferences clearly Legal Aid Services Civil Criminal Family Mental Health Māori Land Court, Māori appellate Court or Waitangi Tribunal Refugee and Protected Persons reference Supervised provider PArt 3b MOJ0052.3B-June13_reference SuperviSed provider Page 2 / 6 PART 3B – SeCTion 2 Information for referees The information you provide in this form is for the purpose of assessing...

3. BORA Environment Canterbury (Transitional Governance Arrangements) Bill [pdf, 287 KB]

   ...27(1) of the Bill of Rights Act affirms the right of every person to the observance of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person’s rights, obligations or interests protected or recognised by law. Section 27(1) requires decisions balancing competing interests to be reached in an unbiased and procedurally fair manner. Water conservation order applications lodged before transition day 8. Under the 2010...

4. 2021-01-29 Notice of Hearing 26 February 2021 [pdf, 126 KB]

   ...Fish and Game Council Maree Baker-Galloway, Anderson Lloyd – Queenstown, PO Box 201 Queenstown S 274 Party Phil Murray Resource Management Ltd Phil Murray S 274 Party Pine Terrace Ltd Nicole Dowling, Ravensdown S 274 Party Pomahaka Water Care Group Lloyd McCall S 274 Party Puketoi Farming Company Ltd Geoff Crutchley S 274 Party Queenstown Lakes District Council Janette Campbell, Meredith Connell, PO Box 90750, Auckland 1142 S 274 Party Queenstown Lakes District Co...

5. BORA Justices of the Peace Amendment Bill [pdf, 300 KB]

   ...sensitivity to the place of the particular Court or Judicial Officer within the judicial hierarchy. For example, the South African Constitutional Court observed in Van Rooyen v State:[1] "In deciding whether a particular Court lacks the institutional protection that it requires to function independently and impartially, it is relevant to have regard to the core protection given to all Courts by our constitution, to the particular functions that such a Court performs and to its pl...

6. Koppula v Zhou [2014] NZIACDT 116 (27 November 2014) [pdf, 236 KB]

   ...[9.5] Ms Zhou was personally involved with Ms Koppula’s instructions from sometime in August 2011. That arose from a telephone conversation when Ms Koppula contacted the Practice. [9.6] On 5 October 2011, Immigration New Zealand wrote to Ms Koppula care of Richard Martin Immigration Ltd., inviting her to apply for residence. Ms Zhou was aware of this letter and communicated with Ms Koppula about it at that time. [9.7] Ms Koppula provided the necessary information to Mr Martin, so he c...

7. Waikato Bay of Plenty Standards Committee 1 v Campion [2019] NZLCDT 32 [pdf, 108 KB]

   ...“It is well known that the Disciplinary Tribunal’s penalty function does not have as its primary purpose punishment, although orders will inevitably have such effect. The predominant purposes are to advance the public interest (which include “protection of the public”), to maintain professional standards, to impose sanctions on a practitioner for breach of his/her duties, and to provide scope for rehabilitation in appropriate cases …” [3] We accept the Standards Committee s...

8. NZBORA Advice Customs Excise Arrival-Information Amendment Bill for publication [pdf, 188 KB]

   ...Section 25(c) of the Bill of Rights Act affirms that everyone who is charged with an offence has, in relation to the determination of the charge, the right to be presumed innocent until proved guilty according to law. 18. The purpose of s 25(c) is to protect the fundamental liberty and dignity of those accused of offences in light of the grave consequences a criminal charge and conviction may entail.3 19. To this end, the right to be presumed innocent includes three main components:...

9. BORA Building Amendment Bill (No 4) [pdf, 304 KB]

   ...incentives for building professionals and trades people to take responsibility for the quality of their work and to stand behind it. The Bill implements Government policy coming out of the 2009 Building Act Review to: • introduce better consumer protection measures • clarify the exemptions to building consent requirements • add a new power for territorial authorities to deal with buildings that are at risk because they are near or adjacent to dangerous buildings • increase the...

10. AQ v Mudaliar [2015] NZIACDT 93 (16 October 2015) [pdf, 132 KB]

    ...that Mr Mudaliar had an agreement with the complainant for the original application, but did not do anything to establish the professional engagement for the two section 61 requests. [2] The Tribunal found: [2.1] Mr Mudaliar failed to take proper care with lodging the application, and making the requests under section 61; [2.2] he did not notify the complainant when the second section 61 request failed; and [2.3] he was required to have a further agreement for the section 61 requests...