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1. Fehling v Ministry of Health [2017] NZHRRT 31 [pdf, 269 KB]

   ...information privacy principle. [24] The HIPC was the first code of practice of this kind. Its twelve health information privacy rules replace the general information privacy principles with respect to “health information”. Their purpose is to protect the privacy of health information about identifiable individuals as far as possible without frustrating other legitimate aims. They cover the following subjects:  Rule 1 - Purpose of collection of health information.  Rule 2...

2. Advantage Realty Limited v CAC303 & Ors / Gambino & Anor v CAC303 & Anor [2015] NZREADT 83 [pdf, 235 KB]

   ...or civil union partner: (e) the licensee's de facto partner: (f) a child, grandchild, brother, sister, nephew, or niece of the licensee or of any person referred to in paragraph (d) or (e): (g) any other child who is being, or is to be, cared for on a continuous basis by the licensee or any person referred to in paragraph (d) or (e): (h) a grandparent, parent, uncle, or aunt of the licensee or of any person referred to in paragraph (d) or (e): (i) an entity that has an inte...

3. LCRO 36/2018 AA v SM (19 December 2018) [pdf, 250 KB]

   ...acting for, or attempting to act for Ms LO on estate matters as well as performing his duties as executor and trustee of the estate, Mr SM was not independent, and had contravened r 5 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules) which constituted unsatisfactory under s 12(c) of the Act. 4 Preparation of will [17] The Committee noted that on 15 December 2009, when Mrs RS signed her will, Mr SM “was absent from his office for me...

4. LCRO 177/2021 FA v LL (14 March 2022) [pdf, 238 KB]

   ...and secondly, she challenges the adequacy of the penalties imposed and the orders made by the Committee against Ms LL. 1 More formally, the issue is whether Ms LL breached r 8.7.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) by acting against Ms FA in circumstances where there was a risk of breaching the duty of confidentiality owed to her as a former client. I set out the rule more fully, later in this decision. 2 [3] Ms LL ha...

5. Auckland Standards Committee v Johnston [2011] NZLCDT 14 [pdf, 207 KB]

   ...client on the other hand. Commentary (1) The rule is based on the premise that a person who occupies a position of trust must not permit his or her personal interests to conflict with the interests of those whom it is that person’s duty to protect. (2) The rule is intended to protect a client in situations where the interest or position of the practitioner would or could make the practitioner’s professional judgement less responsive to the interests of the client. ......

6. [2020] NZEmpC 109 McCook v Chief Executive of the Inland Revenue Department [pdf, 333 KB]

   ...44(3) specifies the three grounds of objections to disclosure. If the TAA submission is correct, the applicable ground is that of reg 44(3)(c), that disclosure would be injurious to the public interest. It is well established that this immunity protects from disclosure information the secrecy of which is essential to the proper working of the government: Science Research Council v Nassé.3 [29] In BNZ Investments Ltd v Commissioner of Inland Revenue, the Supreme Court held that t...

7. Evidence - Traffic - Minister for Children - Samantha McCarthy - Final [pdf, 238 KB]

   ...O AOTEAROA ENV-2019-AKL- 000007 IN THE MATTER of the Resource Management Act 1991 ("RMA") A N D IN THE MATTER of a proposed direct referral of a notice of requirement by the Minister of Children to alter Designation 3800 ‘Care and Protection Residential Centre – Upper North’ in the Auckland Unitary Plan (Operative in Part) BETWEEN MINISTER FOR CHILDREN Applicant A N D AUCKLAND COUNCIL Regulatory Authority EVIDENCE OF SAMANTHA LO...

8. LCRO 283/2014 AD v FR and OR (31 August 2018) [pdf, 219 KB]

   ...they had behaved improperly, when there had been no inquiry into their conduct — he had essentially acted as “judge, jury and executioner”; (d) Mr AD had breached a number of the Lawyers and Conveyancers Act (Lawyer: Conduct and Client Care) Rules 2008 (the Rules) specifically rr 1.4(c) (negligence), 2.3 (use of legal procedures for improper purpose), 2.7 (threat); and [18] After the complaint had been filed, the agents advised the Complaints Service that Mr AD had, in cor...

9. NZ Core document [pdf, 1.1 MB]

   ...economic, social and cultural characteristics .......................... 1–139 5 B. Constitutional, political and legal structure .................................................... 140–171 41 II. General framework for the promotion and protection of human rights .................. 172–240 46 A. New Zealand’s acceptance of international human rights norms ................... 172 46 B. General legal framework for protecting human rights at the national level ... 173�...

10. Recommendations recap - issue 4 [pdf, 832 KB]

    ...occurring in the future. In order to publicise these lessons, the findings and recommendations of most cases are open to the public. Table of contents 1 Case study forestry 18 Recommendations 18 Adverse effects or reactions to medical or surgical care 23 Aged care 24 Child deaths 24 Deaths in custody 29 Drugs, alcohol or substance abuse 30 Fall 30 Homicide or interpersonal violence 32 Labour or pregnancy related 33 Mental health issues 34 Natural causes 34 Recreational or leisur...