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1. [2022] NZIACDT 14 - XZ v Liu (27 June 2022) [pdf, 220 KB]

   ...contended that there was nothing on the face of the e-visa itself, nor the approval letter, to tell Mr Liu that the date of the grant was 17 January 2020. It would be 6 inappropriate to label Mr Liu’s advice as negligent or lacking in due care, pursuant to the test set out in Mercado.2 An error in the course of providing professional advice may not breach a professional standard if it is an excusable human error.3 In this case, Mr Liu overlooked what other competent and dili...

2. LCRO 54/2018 KJ v VW (6 July 2018) [pdf, 180 KB]

   ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [19] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that neces...

3. LCRO 21/2019 IV v EC and HL (21 December 2020) [pdf, 216 KB]

   ...concludes Ms EC acted in accordance with her professional obligations in respect of the EPOAs. The sale and purchase of the properties [23] The Committee’s decision records the requirements of rr 6.1, 6.1.1, and 6.2 of the Conduct and Client Care Rules,9 which relate to a lawyer (or a firm) acting for both parties on a matter. The Committee said:10 Ms EC and Mr HL both say an information barrier was established, with different members of the firm acting for Mr IV and the purcha...

4. 2018 NZEnvC 067 - Motiti Rohe Moana Trust and Others v Bay of Plenty Regional Council - Interim Decision of the Environment Court - 11 May 2018 [pdf, 14 MB]

   ...Leijnen Environment Commissioner SK Prime Environment Commissioner M Pomare at Mount Maunganui, 27 November to 1 December and 4-7 December 2017 RB Enright and RG Hazen for Motiti Rohe Moana Trust (MRMT) and Royal New Zealand Forest & Bird Protection Society Inc (Forest & Bird) (s 274 party) JM Pou for Ngati Makino Heritage Trust (Ngati Makino), Ngati Ranginui Iwi Incorporated Society (Ngati Ranginui) MH Hill for Bay of Plenty Regional Council (the Regional Council) JM Prebb...

5. [2018] NZEnvC 067 Motiti Rohe Moana Trust v Bay of Plenty Regional Council [pdf, 14 MB]

   ...Leijnen Environment Commissioner SK Prime Environment Commissioner M Pomare at Mount Maunganui, 27 November to 1 December and 4-7 December 2017 RB Enright and RG Hazen for Motiti Rohe Moana Trust (MRMT) and Royal New Zealand Forest & Bird Protection Society Inc (Forest & Bird) (s 274 party) JM Pou for Ngati Makino Heritage Trust (Ngati Makino), Ngati Ranginui Iwi Incorporated Society (Ngati Ranginui) MH Hill for Bay of Plenty Regional Council (the Regional Council) JM Prebb...

6. 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. ......

7. [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...

8. International Covenant on Civil and Political Rights - summary record 5th report (continued) [pdf, 96 KB]

   ...an asylum claim alone. People were detained only when there were concerns about the safety and security of New Zealand or if they posed a risk to the integrity of the immigration system. The Immigration Act specifically provided that refugees and protected persons who could not be deported could not be detained. New Zealand was not reluctant to grant visas to persons with disabilities: its screening policy was in place to protect public health, largely from communicable diseases. Decis...

9. 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...

10. National Standards Committee v Orlov [2013] NZLCDT 45 [pdf, 390 KB]

    ...comply. Mr Orlov had appeared before Judge Smith in the Family Court at Tauranga on 28 July 2005 resulting in a judgment dated 29 July 2005 in which the Judge directed Child Youth & Family to uplift the child from Ms R and return him to Mr C’s care, on directions that Mr C lived with such persons as directed, as a protective measure for the child, but maintaining that Ms R could have shared custody. Justice Harrison on 29 August 2005 granted orders by way of Habeas Corpus to...