Search Results

1. Thoman v Devi [2014] NZIACDT 81 (15 September 2014) [pdf, 182 KB]

   ...standards of conduct are maintained in the occupation concerned.” [9] When imposing sanctions those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [9.1] Protecting the public: Section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [9.2] Demanding minimum standards of conduct: Dentice v Valuers Registrat...

2. Waikato Bay of Plenty Standards Committee v Monckton [2014] NZLCDT 51 [pdf, 35 KB]

   ...various conflicts of interest. Furthermore she did not advise the bank to review its security position in the light of the uncertainties over T Street and its ownership. She had a caveat executed by the attorney, with the sensible intention of protecting the interests of the beneficiaries. That sister (attorney) was not in fact a beneficiary of the trust which had owned T Street prior to these dealings. [13] Quite properly, after cross-examination of Mrs Monckton and Dr S, Mrs...

3. BORA Limited Partnerships Bill [pdf, 316 KB]

   ...otherwise." 13. 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. 14. Clause 71 (Registrar’s powers of inspection) confers a power on the Registrar, or a person authorised by the Registrar, t...

4. AX v ZA LCRO 113 / 2010 (18 February 2011) [pdf, 117 KB]

   ...application, the Applicant acknowledges that the Respondent was not acting for him. [21] However, he emphasises his view that the Respondent knew that YZ was defrauding people and that he therefore had a duty to alert the Applicant to this and protect him from the activities of his client. [22] The outcome sought is to “stop [the Respondent] from hiding behind the law, and recover some of his money.” He again lays the blame for his losses on the Respondent. Review [23] In c...

5. 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...

6. 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...

7. 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”...

8. 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...

9. LA - Part 2 - Areas of Law Family [pdf, 710 KB]

   ...Pre-proceedings settlements Other Areas of Law Family PART 2 AREAS OF LAW – FAMILY – MOJ0052.2-MARCH14 PAGE 2 / 6 Family Court matters Current Year Previous Year 20–– 20–– 20–– Types of Family Court cases Adoption Act 1955 Care of Children Act 2004 Children, Young Persons and their Families Act 1989 Domestic Violence Act 1995 Family Proceedings Act 1980 Protection of Personal and Property Rights Act 1988 Property (Relationships) Act 1976 Family Protection Act...

10. 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...