Search Results

1. BORA Arms Amendment Bill (No 3) [pdf, 176 KB]

   ...Bill provides that a commissioned police officer may under sections 24, 26A and 26B be satisfied that a person is not or is no longer "fit and proper" to be issued with or hold a firearms license where there are grounds for making either a protection order under the Domestic Violence Act 1995 or a restraining order under the Harassment Act 1997. In the event of making such a determination the officer may refuse to issue a person with a license, or, if they already have a licens...

2. A & T Kaufusi v Tangilanu [2014] NZIACDT 98 (01 October 2014) [pdf, 184 KB]

   ...client engagement, [2.2] Did not carry out the work she agreed to perform, and [2.3] Failed to refund the fees she had not earned. [3] The Tribunal upheld the complaint on those grounds, finding breaches of the Code of Conduct due to lack of care, diligence, and professionalism (clause 1.1(a) and (b)), and also a breach of clauses 1.5(a)-(d) and 8(d) by failing to commence the professional relationship with a written agreement. Further she was found to have breached clause 3(d) due to...

3. BORA Manukau City Council (Regulation of Prostitution in Specified Places) Bill [pdf, 315 KB]

   ...purpose or effect of the proposed government action is to restrict that freedom. [2] 6. New Zealand and international jurisprudence supports the proposition that forms of expression that may be regarded as offensive or distasteful are nevertheless protected forms of expression. The Court of Appeal in Living Word Film Distributors v Human Rights Action Group [3] accepted the proposition that a fundamental aspect of the right to freedom of expression is that it extends to protecting all...

4. Ngalu v Tangilanu [2014] NZIACDT 102 (01 October 2014) [pdf, 184 KB]

   ...complainant Immigration New Zealand was still processing the application. [2.3] Immigration New Zealand commenced deportation processes and deported the complainant. [3] The Tribunal found Ms Tangilanu failed to meet the Code of Conduct’s duties of care, diligence, respect, and professionalism, and the obligation to provide timely updates. The Parties’ Positions on Sanctions The Authority [4] The Authority did not make any submissions on sanctions. The Complainant [5] The c...

5. Auckland Standards Committee 5 v Moody [2016] NZLCDT 23 [pdf, 33 KB]

   ...inspection of the file is to be subject to the approval of the Chair. The decision itself omits reference to such matters and therefore may be published in full. Medical Evidence [11] Dr Casey is a consultant psychiatrist specialising in old age care and is a practitioner of considerable experience. Dr Casey had examined Mr Moody in October 2014, twice in late 2015 and twice in early 2016. She diagnosed him as suffering from frontotemporal dementia. Dr Casey’s evidence is th...

6. [2022] NZEmpC 126 Henderson Travels Ltd v Kaur [pdf, 194 KB]

   ...123(1)(b) and 128 of the Act.2 [3] Henderson Travels was also ordered to reimburse Ms Kaur $7,268.10 for underpaid wages and $267.75 for working on a public holiday. Holiday pay at eight per cent was added. [4] The Authority found that the Wages Protection Act 1983 was breached by Henderson Travels because it obtained a premium from Ms Kaur of $860. The company was ordered to repay her. [5] In addition to those sums a penalty of $12,000 was imposed on Henderson Travels...

7. [2021] NZREADT 39 - Lee (29 July 2021) [pdf, 243 KB]

   ...for his non-appearance. The Tribunal therefore determined the charges by way of formal proof. A copy of the decision was provided to Mr Lee. Penalty principles [10] The principal purpose of the Real Estate Agents Act 2008 is to “promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work.2 The Act achieves these purposes by regulating agents, branch managers,...

8. Yasin & Anor v Hammadieh Sanctions decision [2015] NZIACDT 4 (04 January 2015) [pdf, 172 KB]

   ...his client’s immigration opportunities (clause 8 of the Code of Conduct); and [3.1.3] Also failed to explain and provide a copy of his internal complaints procedure (clause 9 of the Code of Conduct). [3.2] He continued to act with a lack of care, diligence and professionalism breaching clause 1 of the Code of Conduct in failing to: [3.2.1] Take charge of the instructions and client relationship, and [3.2.2] Ensure he delivered professional advice and services meeting the requisite...

9. BORA Corrections Administration (Effectiveness and Efficiency) Bill [pdf, 352 KB]

   ...unreasonable search and seizure. There are two limbs to the s 21 right. First, s 21 is applicable only in respect of those activities that constitute a "search or seizure". Second, where certain actions do constitute a search and seizure, s 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. 7. Reasonableness will depend upon both the “subject matter” and the unique combination of “time, place and circumstance”...

10. Auckland Standards Committee 5 v Hong [2019] NZLCDT 40 [pdf, 129 KB]

    ...suspension, if he is suspended, or on reasonable notice if he is not); and (c) costs. [4] Mr Collins for the Committee has drawn our attention to the established principles in the Tribunal’s penal jurisdiction the primary purpose of which is the protection of the public and the maintenance of professional standards.1 [5] In considering penalty, we have considered the relevant factors as set out in Hart v Auckland Standards Committee 1 of the New Zealand Law Society2. Those f...