Search Results

1. 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...

2. 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...

3. 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....

4. 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...

5. Discussion paper - Re-evaluation of Human Rights protections [pdf, 534 KB]

   Ministry of Justice Te Manatu Ture Discussion Paper Re-evaluation of the Human Rights Protections in New Zealand RE-EVALUATION OF THE HUMAN RIGHTS PROTECTIONS IN NEW ZEALAND REPORT FOR THE ASSOCIATE MINISTER OF JUSTICE AND ATTORNEY-GENERAL HON. MARGARET WILSON 3 DISCLAIMER The Ministerial Re-evaluation of Human Rights Protections in New Zealand was written by an independent evaluation team for the Minister of Justice. The views expressed in it are those of the independent evalua...

6. LCRO 53/2020 YJ v GK (22 April 2021) [pdf, 280 KB]

   ...diverged. It did not “lie in Mr GK’s mouth” to say he could not discharge his duty to ABCD and Mr YJ, because he had discharged, or was in the course of discharging, his duties to Mr DQ. [127] Mr GK is in breach of rule 6, in that he was not ‘protecting and promoting the interests’ of ABCD and Mr YJ. Decision [128] The Standards Committee determined that Mr GK’s conduct “… [fell] short of the standard of competence and diligence that a member of the public is entit...

7. Proactive-release-Legal-Services-Amendment-Bill_FINAL.pdf [pdf, 1.8 MB]

   ...funding for section 27 Released in Part. reports Some information has been withheld in Cabinet paper accordance with sections 9(2)(h) of OIA to Ministry of Justice maintain legal professional privilege, 9(2)(f)(iv) to Meeting date: 13 December 2023 protect confidentiality of advice tendered by Ministers and officials, and s 6(2)(a) to protect international relation. 2. Removing taxpayer funding for section 27 Released in full. reports Cabinet 100-Day Plan Committee Minute [100-23...

8. Tesar v REAA CAC 20004 & Ors [2014] NZREADT 18 [pdf, 54 KB]

   ...generally criticises the Committee’s reasoning for finding unsatisfactory conduct on her part. [20] The appellant presented her views confidently and assertively. She emphasised that she had inserted the original clause 18 in the contract to protect the complainant purchasers but (as we have explained above) the vendors would not accept that version and replaced it. [21] Under cross-examination, the appellant licensee insisted that she had not relied on anything which the vendors...

9. Applicant C v Registrar of Real Estate Agents Authority 2017] NZREADT 10 [pdf, 178 KB]

   ...that she had been convicted of a crime involving dishonesty. She also disclosed that the company was being liquidated. [8] The applicant was then asked to provide details as to her offending and the charges she faced, the likely penalties, and protections put in place by her employer to ensure that she was supervised and supported. The applicant responded to that request. [9] On [ ], the Registrar advised the applicant that she intended to decline her application to renew he...

10. LCRO 217/2016 and 218/2016 RE and YI v WG (14 November 2018) [pdf, 187 KB]

    ...considered are a censure and/or a fine.17 Other orders provided for in s 156(1) of the Act are inapplicable. [60] In addressing the nature of a fine the authors of the text Ethics, Professional Responsibility and the Lawyer say: 18 A fine has no protective or rehabilitative function. It is largely punitive, and perhaps also serves the purpose of setting certain conduct aside as falling short of acceptable standards to a significant degree. [61] Mr WG’s acceptance of the adverse...