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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. 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...

6. 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...

7. Auckland Standards Committee 5 v Ellis [2018] NZLCDT 39 [pdf, 252 KB]

   ...period of suspension would give his client the opportunity for further reflection and a final chance to redeem himself professionally. Such a period of suspension would serve the public interest by emphasising to Mr Ellis that he must take more care over his professional obligations. [4] He submitted that the conduct was not at the extreme end where we should decide that Mr Ellis is a risk to the public. Mr Pyke emphasised the following matters: (a) That the client lost interest i...

8. BORA Resource Legislation Amendment Bill [pdf, 436 KB]

   ...durable resource management decisions. 5. The principal proposed amendments are to the Resource Management Act 1991 (‘the principal Act’), the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, and the Environmental Protection Authority Act 2011. The Bill would also amend the Conservation Act 1987, the Reserves Act 1977, and the Public Works Act 1981. 6. To achieve the purpose of the Bill, the Bill seeks to amend the principal Act by: a. introducing...

9. 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...

10. Zhang v CAC406 & Anor [2015] NZREADT 91 [pdf, 118 KB]

    ...charging of commission could be a disciplinary matter if the commission charged was excessive, wrongly calculated or there was some other feature of the conduct relating to the commission which was a breach of the Real Estate Agents Act or the Client Care Rules. However in this case the dispute is a simple dispute between L J Hooker and Ms Zhang as to whether or not commission was payable. [7] The purpose of the Real Estate Agents Act 2008 are set out in Section 3. 3 Purpose of Act...