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1. Trustees of the JS & AJ Hamilton Family Trust v Complaints Assessment Committee 403, Amelia (Margaret) Reeve, Fleur Allinson & Kim Franklin [2017] NZREADT 54 [pdf, 229 KB]

   ...trustees and the second purchasers asserted their right to complete the purchase. We will refer to the asserted rights to complete the purchase as “the sale agreements issue”. Both parties instructed solicitors, and both lodged caveats to protect their interests. Following further correspondence and negotiations, the second purchasers withdrew their caveat, and the trustees settled with the vendors on 30 March. [9] Shortly after settlement, the trustees complained to the Aut...

2. BORA Children Young Persons & Their Families (Youth Courts Jurisdiction & Orders) Amendment Bill [pdf, 304 KB]

   ...remove the hearing from the Youth Court. In that situation the presiding Judge will be under an obligation to ensure compliance with s25(i) [4] , and the principles underlying the Youth Justice regime will generally continue to be applied[5]. 8. The protections for young people under that scheme are further bolstered in relation to prosecution by the requirement in cl 11 (new s 272A(c)) that the young person must understand that his or her act is wrong or contrary to law. Orders in re...

3. 2020-11-20 List of Parties [pdf, 116 KB]

   ...and Game Council and the Central South Island Fish and Game Council Service via the website S274 Party Phil Murray Resource Management Ltd Service via the website S274 Party Pine Terrace Ltd Service via the website S274 Party Pomahaka Water Care Group Service via the website S274 Party Puketoi Farming Company Ltd Service via the website S274 Party Queenstown Lakes District Council Service via the website S274 Party Ravensdown Limited (Ravensdown) Service via the website S274 Pa...

4. BORA Statutes Amendment Bill (No. 2) [pdf, 299 KB]

   ...Bill of Rights Act provides the right to the observance of the principles of natural justice by any tribunal or any other public authority which has the power to make a determination in respect of that person‘s rights, obligations, or interests protected or recognised by law. 7. One amendment was identified as potentially giving rise to a prima facie issue of inconsistency with section 27(1) of the Bill of Rights Act. The Veterinarians Act 2005 8. The Bill proposes to amend section...

5. CL & ZA v GU LCRO 148/2013 (25 May 2016) [pdf, 68 KB]

   ...mistakenly sent to Mr RF, the actions of Mr CL and Mr ZA were purposely aimed to humiliate and annoy Mrs GU, which was unacceptable, and was a breach of rules 2.3, 10 and 12 of 4 the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). Application for review [18] The lawyers filed an application for review on 28 May 2013. The outcome sought is the reversal of the unsatisfactory conduct determination in respect of both lawyers. [19] The...

6. BORA Fisheries Act 1996 Amendment Act Bill (No 2) [pdf, 281 KB]

   ...affirms that every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person's rights, obligations, or interests protected or recognised by law. The right to natural justice includes the right to be heard. [1] 7. Clause 5 of the Bill contains transitional provisions which apply to consultation undertaken before the commencement of the Bill for the purpose...

7. Burnett v Real Estate Agent Authority (CAC 404) & Soo [2017] NZREADT 2 [pdf, 82 KB]

   ...administrative failure. However, we concur with Mr Mortimer’s submissions that failure to comply with audit regulations is a potentially serious matter because the requirements to report as to the trust account on a monthly basis exist for the protection of the public. This reason is a very important aspect of the disciplinary process. If the public lose confidence in a real estate agent’s ability to hold their money appropriately and in a well-regulated manner then the whole i...

8. BORA Regulatory Reform Bill [pdf, 299 KB]

   ...that conveys a meaning or attempts to convey a meaning. • In this case, the information that must be provided to the clients of the recognised person or agency does not appear to be sufficiently "expressive" in content to attract the protection of s 14 of the Bill of Rights Act. It does not compel any agency or person to state an opinion or say something that the person or agency does not believe to be true. Information about the withdrawal or surrender of recognition...

9. Auckland Standards Committee v Flewitt [2010] NZLCDT 12 [pdf, 23 KB]

   ...a Barrister and Solicitor. [7] It is submitted by Mr Treleaven on behalf of the Society that this must be more widely interpreted when applying s 242, otherwise the entire purpose of the legislation would be frustrated and it would fail to protect the public because could simply be circumvented by a practitioner surrendering a Practicing Certificate and thereby avoiding any sanctions as a consequence of professional misconduct. Mr Pidgeon agrees with Mr Treleaven’s submissio...

10. Factsheet: Imprisonment in the general population [pdf, 384 KB]

    ...those of the researchers, not Statistics NZ. Only people authorised by the Statistics Act 1975 are allowed to see data about a particular person, household, business, or organisation, and the results in this report have been confidentialised to protect these groups from identification and to keep their data safe. Careful consideration has been given to the privacy, security, and confidentiality issues associated with using administrative and survey data in the IDI. Further de...