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1. BORA Major Events Management Bill [pdf, 330 KB]

   ...we considered potential issues of inconsistency with the right to freedom of expression (s 14), the right to be secure against unreasonable search and seizure (s 21), the right to be presumed innocent until proved guilty (s 25(c)) and the right to protection against double jeopardy (s 26(2)). What the Bill does 3. Under the Bill appropriate events may be declared to be major events for the purposes of the Act. Representations that suggest persons, brands, goods, or services have an as...

2. Manuel v Waitakere City Council [pdf, 70 KB]

   ...1. Terry McKeown – Roofing Consultant quoted this job. Refer copy of his quotation enclosed. 2. Terry McKeown, as an Independent Contractor organised work schedules in conjunction with the builder. 3. Further the quotation mentions Roof Edge protection, a product that our company did not have available. One would assume that Terry McKeown would have organised this. 4. Dave Singer, who was at that time employed by Spouting & Steel Roofing World Ltd, happened to be the supervi...

3. Tamplin v Boizard [2021] NZHRRT 42 [pdf, 242 KB]

   ...actions at the time. Whether this belief was objectively reasonable is the next matter to determine. [39] Counsel for Mr Tamplin submitted that this subjective belief was not objectively reasonable as Dr Boizard should have been aware that under the Protection of Personal and Property Rights Act 1988 (the PPPR Act) every person is presumed to be competent to manage their own affairs and to understand decisions in respect of their personal care and welfare until the contrary is shown....

4. [2014] NZEmpC 117 Hutchison v Nelson City Council re-issued [pdf, 222 KB]

   ...10 Allen v C3 Ltd [2012] NZEmpC 124, [2012] ERNZ 478; this decision however related to s 103A of the Employment Relations Act 2000 in its previous form. f) Although Ms Hutchison was unaware of the provisions of the Protected Disclosures Act 2000 (the PDA) at the relevant time, her disclosures to the Police qualified for protection under that Act. g) Section 78 of the Coroners Act 2006 operated to protect Ms Hutchison’s disclosure to the Police. T...

5. LA - Provider manual - Part 1 [pdf, 523 KB]

   ...applicant and the areas of law for which they are applying − original or certified copy of Certificate of Standing - this must be valid when the complete application is received by the Ministry − information about service delivery systems − Client Care letter and/or standard letter of engagement − information about work experience history − signed declaration • information about the applicant’s competence and experience in the areas of law for which they are applying �...

6. KB v JR LCRO 191/2012 (14 May 2014) [pdf, 192 KB]

   ...I can do no more than to endorse the decision of the LCRO and the court. [35] Ms JR comments that she does not consider proper attention has been paid to the facts and the instructions given to her by Mrs CG. In reaching this decision I have carefully reviewed all of the material provided to the Standards Committee and this Office. I have not seen any statement by Ms JR that she was aware at the time of making Mrs CG’s will that the property was owned as tenants in common, or th...

7. GD & WL v RA LCRO 290/2013 (19 August 2014) [pdf, 146 KB]

   ...should be taken after the client is informed by the lawyer of the nature of the decisions to be made and the consequences of them. Clearly, that rule is not applicable in the present circumstances. [57] However, a lawyer does have a general duty to protect and promote a client’s interests:12 In acting for a client, a lawyer must, within the bounds of the law and these rules, protect and promote the interests of the client to the exclusion of the interests of third parties. This...

8. Chaiyapoom v Hu [2015] NZIACDT 11 (26 February 2015) [pdf, 127 KB]

   ...services. That is what occurred to the complainant, for whom English is a second language. Mr Hu’s lax management of his practice allowed that to occur and he has failed to accept his responsibility for it. [9] The complainant was entitled to the protection the Act envisions. I have found Mr Hu was responsible for the fact the complainant did not receive the protection the Act intended as he failed to properly manage an unlicensed person whom he had authorised to operate within his pr...

9. Rao v Singh [2012] NZIACDT 81 (18 October 2012) [pdf, 90 KB]

   ...ensure that appropriate standards of conduct are maintained in the occupation concerned.” [16] The statutory purpose is achieved by considering at least four factors which materially bear upon maintaining appropriate standards of conduct: [16.1] 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 ...” [16.2] Demanding minimum standards of conduct: Dentice v Valuers Registrati...

10. BORA Copyright (Infringing File Sharing) Amendment Bill [pdf, 294 KB]

    ...out in the Bill is the product of significant consultation between copyright owners, ISPs and civil society and represents a balancing of the rights of all the parties. 11. We consider that there is a rational and proportionate connection between protecting the copyright in digital works and the regime set out in the Bill The proposal is therefore justified in terms of s 5 of the Bill of Rights Act. CONSISTENCY WITH SECTION 27(1) OF THE BILL OF RIGHTS ACT 12. Section 27(1) of the Bil...