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1. CAC10064 v Vinodh [2013] NZREADT 21 [pdf, 27 KB]

   ...imposed after the Tribunal’s decision dated 7th December 2011. In this decision Mr Vinodh was found guilty of unsatisfactory conduct. [2] The principles of sentencing are: A penalty must fulfil the following functions. They are: a) Protecting the public Section 3 of the Real Estate Agents Act provides that this is one of the purposes of the Act. b) Maintenance of professional standards This was emphasised in Taylor v The General Medical Council1 and Dentice v...

2. Wellington Standards Committee v Faulkner [2012] NZLCDT 9 [pdf, 44 KB]

   ...and her good name will be long lasting and deeply significant and will no doubt affect her for the rest of her life. [4] The purpose of this Tribunal is different from the Criminal Court. There is not a focus of punitive response but rather a protection of the public, and of the standing and protection of the legal profession, in dealing with people who transgress in this way. [5] We are asked to make an order under section 242(1)(h)(ii) that Ms Faulkner not be employed by any...

3. BORA Hineuru Claims Settlement Bill [pdf, 288 KB]

   ...the Crown and have those heard according to law in the same way as civil proceedings between individuals. However, clauses 26(3) and 30 respectively affect the substantive law and do not fall within the ambit of s 27(3) of the Bill of Rights, which protects procedural rights. [4] Review of this advice 10. This advice has been reviewed in accordance with Crown Law protocol by Peter Gunn, Crown Counsel. Debra Harris Crown Counsel Disclaimer In addition to the gener...

4. BORA Affiliate Te Arawa Iwi and Hapu Claims Settlement Bill [pdf, 201 KB]

   ...namely the right to bring civil proceedings against the Crown and have those heard according to law in the same way as civil proceedings between individuals. 10. This clause affects the substantive law and does fall within the ambit of s 27(3), which protects procedural rights [4]. Accordingly, no inconsistency with s 27(3) of the Bill of Rights arises. 11. This advice has been reviewed, in accordance with Crown Law protocol, by Ben Keith, Crown Counsel. Yours sincerely Fergus Sincl...

5. BORA Nga Rohe Moana o Nga Hapu o Ngati Porou Bill [pdf, 202 KB]

   ...Subpart 4 appears to create no greater limitation on public access than currently exists. Section 27(2)– The Right to Judicial Review 6. Section 27(2) of the Bill of Rights Act provides: “Every person whose rights, obligations or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination.” 7. Clause 108 excludes the jurisdict...

6. BORA Building (Pools) Amendment Bill [pdf, 292 KB]

   ...Act provides the right to be secure against unreasonable search and seizure. Section 21 has two limbs. First, it only applies to activities that constitute a “search or seizure”. Where actions do constitute a search or seizure, section 21 only protects against such searches and seizures which are “unreasonable” in the circumstances. 5. Clause 12 of the Bill inserts section 222A into the principal Act which requires all territorial authorities to carry out 5 yearly inspections on...

7. BORA Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Bill [pdf, 278 KB]

   ...warrant without undue delay. Section 103(7) clarifies that such a condition does not require a person to give any information tending to incriminate that person. 8. In excluding the application of s 103(7), the Bill could appear remove the protection against self-incrimination provided by that section. However, s 103(7) only applies in respect of the obligation imposed under s 103(3)(b)(ii), the application of which is also excluded by cl 110. We have therefore concluded that cl...

8. BORA Victims’ Orders Against Violent Offenders Bill [pdf, 216 KB]

   ...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions....

9. BORA Education (Vocational Education and Training Reform) Amendment Bill [pdf, 255 KB]

   ...Section 19 - Freedom of Discrimination 8. Clause 42 of the Bill (the new section 222F) provides that a person is not eligible to be appointed a member of the Institute’s council if a personal or property order has been made about them under the Protection of Personal and Property Rights Act 1998. In the case that a personal order has been made about the person, the order must adversely reflect on the person’s competence to manage their own property affairs if they are to be prevente...

10. IAA v Maerean [2013] NZIACDT 6 (07 February 2013) [pdf, 160 KB]

    ...However, if he was in the Philippines at the time, he would sign them with the client. [29] The Registrar particularised the grounds of the complaint against Ms Maerean. In summary these were: [29.1] Breaches of the Code of Conduct’s requirements of care, respect, diligence and professionalism. [29.2] Providing misleading information to Immigration New Zealand, thereby breaching the Act, the Immigration Act 2009 and Immigration New Zealand’s operating requirements (by representin...