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1. LA Audit Report 2018-2019 and 2019-2020 [pdf, 401 KB]

   ...concerns .............................................................................................................17 Private payments .............................................................................................................18 Protecting the Commissioner’s interests ..........................................................................19 Conclusion ....................................................................................................................

2. RIS - Amendments to the Administration of Justice (Reform of Contempt of Court) Bill [pdf, 384 KB]

   ...judges and the courts, and have a chilling effect on academics, lawyers and others who wish to comment on the courts. The offence itself may undermine public confidence in the courts by the perception of providing judges and courts with special protection not afforded to others. Proposed Approach How will Government intervention work to bring about the desired change? How is this the best option? (1) Automatic suppression provision Compared to the Bill as introduced, the...

3. 2019 Directory of Official Information P-R [pdf, 1.2 MB]

   Directory of Official Information Listings P-R Author Version number Date About This is a living document; we endeavour to update it whenever there are changes to be made. If your department or agency’s information is out of date, please email official.correspondence@justice.govt.nz with the necessary amendments. official.correspondence@justice.govt.nz Ministerial Services Strategy, Governance & Finance mailto:official.correspond

4. BC v BQ [2024] NZDT 390 (5 June 2024) [pdf, 142 KB]

   ...a. What were the terms of the agreement? b. Did BQ misrepresent that the horse was sound? c. Did BQ breach the contract by refusing to refund the deposit or was she entitled to retain it in full or in part if BC failed to exercise reasonable care of the horse during the lease agreement so that it was returned in a sub-standard condition? d. What if any remedy is available? What were the terms of the agreement? 5. The common law of contract applies. For a contract to be enfor...

5. [2013] NZEmpC 108 Milne v Air New Zealand Ltd [pdf, 156 KB]

   ...to pay) and, if so, how the Court’s discretion should be exercised under r 5.45(2). [7] In exercising its broad discretion the Court must have regard to the overall justice of the case, and the respective interests of both parties are to be carefully weighed. The balancing exercise is summarised by the Court of Appeal in A S McLachlan Ltd v MEL Network Ltd 10 as follows: [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an adv...

6. Nelson Standards Committee v Dallison [2011] NZLCDT 40 [pdf, 66 KB]

   ...was pleaded in an alternative form, other than particular 3. Those admitted and forming the basis for penalty are as follows: (a) In contravention of Chapter 3.4 and/or Chapter 3.5 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (“the Rules”), he provided to the D’s a document headed ”Standard Terms of Engagement and Information for Clients of Peter R Dallison Rules of Conduct and Client Care” that does not satisfy the requirements of Chapte...

7. BORA Christ Church Cathedral Reinstatement Bill [pdf, 216 KB]

   ...is, inconsistent with any other Act. Consistency of the Bill with the Bill of Rights Act Section 27(2) – Right to judicial review 15. Section 27(2) of the Bill of Rights Act affirms that 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. 16. The right to judicial review is intende...

8. [2020] NZREADT 36 - Complaints Assessment Committee 1904 v Bright (24 August 2020) [pdf, 217 KB]

   ...hearing in person. However, he submitted that that means he will not have a physical presence at the hearing, such that any perceived distress on the complainant would be reduced significantly. He also noted that the complainant would have the protection of any questions he asked of the complainant being able to be objected to by counsel for the Committee. [10] Mr Bright further submitted that he has suffered significant financial and personal distress as a result of the co...

9. Central Standards Committee 3 v Bong [2023] NZLCDT 24 (8 June 2023) [pdf, 130 KB]

   ...dishonourable by lawyers of good standing. Alternatively, the Standards Committee must establish a wilful or reckless breach of the LCA or the Rules, in this case, a breach of r 11.4 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. (b) The alternative of negligence or incompetence requires that the negligence or incompetence must be of such a degree as to reflect on the practitioner’s fitness to practice, or as to bring the profession into...

10. Auckland Standards Committee 2 v Burton [2023] NZLCDT 23 (26 May 2023) [pdf, 98 KB]

    ...profession. [26] We do not propose to treat the previous unsatisfactory conduct finding as aggravating (having taken place contemporaneously with the present). But we are troubled that a pattern of behaviour may be emerging at the late stages of the career of this otherwise valuable and long-serving member of the profession. Mr Burton is 76 years old and has been in practice, (in a poorer socio-economic part of Auckland) for 52 years. He told us that he routinely had been working...