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1. LCRO 319/2013 RA v ZA (27 June 2017) [pdf, 101 KB]

   ...delay may pass without note, or be excused. [32] Although Mr RA says his interests were prejudiced, he was successful as plaintiff. He also acknowledges that Ms ZA’s primary obligations were not owed to him. [33] Ms ZA had an obligation to protect, subject to her overriding duties as an officer of the High Court and to her duties under any enactment, the interests of her client. Any obligations she may owe elsewhere, such as conducting her dealings with Mr RA with integrity,...

2. LCRO 5/2017 QU v JP, YE and KJ (31 March 2017) [pdf, 115 KB]

   ...that any further action is unnecessary or inappropriate.8 [58] I am not persuaded that it is necessary or appropriate to interfere with the Committee’s decision to take no further action on the complaint. In reaching that view, I have given careful consideration to the purposes and objectives of the disciplinary complaint process, and in particular, its focus on consumer protection. I have also carefully considered the history of the dealings between the parties, and the submiss...

3. Otago Standards Committee v Cottrell [2024] NZLCDT 25 (27 August 2024) [pdf, 117 KB]

   ...Standing back, our overall assessment of the practitioner is that she is no longer a fit and proper person to be a lawyer. [39] We have borne in mind the caution sounded in the Daniels decision,7 where it was held:8 …Tribunals are required to carefully consider alternatives to striking off a practitioner. If the purposes of imposing disciplinary sanctions can be achieved short of striking off then it is the lesser alternative that should be adopted as the proportionate response....

4. International Covenant on Civil and Political Rights - summary record 3rd report (continued) [pdf, 40 KB]

   ...social deviancy, or the type of victim involved. The Court of Appeal had held that proof beyond a reasonable doubt was not required when determining the likelihood of recidivism in such cases; the court had only to deem the sentence expedient for the protection of the public. 23. With regard to section II (d), 48 of the 60 recommendations made by the independent commission of inquiry set up by the Government to investigate the practices at Mangaroa prison (para. 62) had been implemented, and t...

5. BORA Land Transport Amendment Bill [pdf, 127 KB]

   ...search and seizure. There are two limbs to this right. First, section 21 is applicable only in respect of those activities that constitute a "search and seizure". Second, where certain actions do constitute a search and seizure, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. Is impoundment under clauses 42 and 79A a "seizure" within the meaning of section 21 of the Bill of Rights Act? 10. In New Ze...

6. BORA Land Transport (Enforcement Powers) Amendment Bill [pdf, 297 KB]

   ...2. Citing S Hutchison, J Morton & M Bury Search and Seizure Law in Canada (Carswell: Looseleaf) 2-5. 3. See, particularly, the obiter comment of Tipping J in a separate judgment in R v Ngan [2008] 2 NZLR 48 (SC) (at [60]): “The section protects citizens from unreasonable conduct on the part of state officials. Two interests are generally at stake. The first, which relates primarily to search, is the interest citizens have in being free from the prying eyes of state officials. Th...

7. BORA Employment Relations Amendment Bill [pdf, 308 KB]

   ...principal Act to specified groups of employees in situations where their employer loses a contract for services to a new contractor (subsequent contracting). This will ensure the integrity of subpart 1 of Part 6A of the principal Act in providing protection to specified employees in all change of employer situations. The nature of this protection is the right for affected employees to elect to transfer to the new employer on their existing terms and conditions of employment. 5. The Bill...

8. Education and Training Amendment Bill (No 2) [pdf, 1.3 MB]

   ...students have 1 See, for example, Hamed v R [2012] 2 NZLR 305 at (161] per Blanchard J. 2 New Zealand Stock Exchange v Commissioner of Inland Revenue [1992] 3 NZLR 1 (PCP). 3 Education and Training Act 2020, s 10. Provider means, in relation to pastoral care, a person or body that is, (i) in respect of international students, a registered school, an institution, or a registered establishment; or (ii) in respect of domestic tertiary students, an Institution or a registered establishment. S...

9. Te Ao Mārama — Enhancing Justice for All

   ...It will benefit everyone who attends the District Court and timely justice is a central feature. Te Ao Mārama literally means the world of light and signals a more enlightened approach to justice in the District Court. It is focused on Family Court care and protection, care of children and family violence cases, the Youth Court and the adult criminal jurisdiction. This is based on decades of evidence, reports and judicial advice that suggest changes and improvements in these areas will ha...

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10. 10.5 Appendix E: Media and Reporting Protocol in the Youth Court

    ...justice proceedings. If leave to publish is granted, the permission will usually be unconditional. On some occasions the leave to publish may be subject to specified conditions. It is only in rare cases that leave to publish will be refused, such as to protect witnesses who may be later giving evidence in trials in the District/High Court or to ensure that a fair trial is not prejudiced. Leave of the Court is also required to publish or report from a Youth Court decision published on the Distri...

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    5. Media guide for reporting the courts and tribunals: Edition 4.1 >
    6. 10.0 Appendices