Search Results

1. Hart v Auckland Standards Committee 1 of the New Zealand Law Society [pdf, 515 KB]

   ...merely proceed on an entirely one-sided basis. The Tribunal’s quasi-inquisitorial role means that we will be actively examining all of the evidence, including some questioning of the witnesses of the Law Society. The Tribunal has a role of protecting the public and the reputation of the profession which requires us to undertake an independent analysis of the entirety of the material before us. We have an expectation that Mr Collins will be aware of his duties to the Tribunal as...

2. Auckland District Law Society v Dorbu [2009] NZLCDT 3 [pdf, 151 KB]

   ...of delay. They had this to say (paragraph 35): “Both the High Court of Australia and the Federal Court concluded that a weighing process, similar to that undertaken in a criminal case, was required, but with accounts also to be taken of the protective nature of the disciplinary jurisdiction. That is disciplinary proceedings are not punitive in nature, but essentially protective of societal interests.” The Court went on to uphold that the application of administrative law p...

3. [2019] NZLVT 003 Walker v Auckland Council [pdf, 2.3 MB]

   ...Council's application [6] The Council seeks an award of costs for $175,000 being approximately 70% of actual costs. The Council submits that the features of this case that justify a greater than usual award of costs are:" (a) after a carefully reasoned first instance hearing by an appropriately qualified commissioner the applicant amended its application materially to take full advantage of the de novo jurisdiction of the court; (b) the applicant sought to challenge the...

4. Otago Standards Committee v Duff [2022] NZLCDT 4 (21 January 2022) [pdf, 103 KB]

   ...[4] In determining proper penalty orders to be made against a practitioner, the Tribunal begins with an assessment of the gravity of the misconduct itself.2 [5] We remind ourselves that the purpose of penalty and disciplinary proceedings is a protective not punitive one. The LCA records in s 3 its purposes which include the maintenance of public confidence in the provision of legal services and the protection of consumers of legal services. Both limbs of the protective purposes e...

5. BORA Ngati Tuwharetoa (Bay of Plenty) Claims Settlement Bill [pdf, 78 KB]

   ...the Bill excludes damages as a remedy in respect of a public law action against the relevant Minister alleging failure to comply with a protocol. This clause affects the substantive law and does not in my view fall within the ambit of s 27(3) which protects procedural rights. Accordingly, clause 23(3) of the Bill is not inconsistent with s 27(3) of the Bill of Rights. Yours faithfully Jane Foster Associate Crown Counsel In addition to the general disclaimer for all documents on th...

6. BORA Ngaa Rauru Kiitahi Claims Settlement Bill [pdf, 79 KB]

   ...Bill excludes damages as a remedy in respect of a public law action against the relevant Minister alleging failure to comply with the protocols. This clause affects the substantive law and does not in my view fall within the ambit of s 27(3) that protects procedural rights. Accordingly, clause 22(3) of the Bill is not inconsistent with s 27(3) of the Bill of Rights. Yours faithfully Jane Foster Associate Crown Counsel In addition to the general disclaimer for all documents on this w...

7. BORA Policing (Storage of Youth Identifying Particulars) Amendment Bill [pdf, 290 KB]

   ...• Section 21 of the Bill of Rights Act affirms the right of everyone to be secure against unreasonable search and seizure, whether of the person, property, correspondence or otherwise. Where actions do constitute a search or seizure, s 21 protects only against those searches or seizures that are “unreasonable” in the circumstances. • In our view, despite the clarifications being made by new ss 34 and 34A, the search and seizure powers in ss 32 or 33 are still reasonable...

8. BORA Rongowhakaata Claims Settlement Bill [pdf, 279 KB]

   ...of Rights Act. Any such limitation on s 27(2) would, however, be justified under s 5 of the Bill of Rights Act as a legitimate incident of the negotiated settlement of the claims. 6. In so far as the section could be said to limit reliance on the protection of the rights of minorities under s 20 of the Bill of Rights Act, it would be justified under s 5 on the same basis. 7. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement, also a...

9. BORA Financial Services Legislation Amendment Bill [pdf, 174 KB]

   ...of the Bill is to ensure that financial services are provided in a way which promotes the confident and informed participation of businesses, investors, and consumers. To achieve this, the Bill makes amendments to ensure that the conduct and client-care obligations of financial service providers and the regulation of financial markets remain fit for purpose. Consistency of the Bill with the Bill of Rights Act Section 14 – Freedom of Expression 5. Section 14 of the Bill of Rights Act...

10. LCRO 159/2017 YB v WD [pdf, 147 KB]

    ...client informed about progress, and consult the client about steps to be taken to implement the client’s instructions.5 [31] Lawyers are also required to act competently. Rule 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) states that:6 In providing regulated services to a client, a lawyer must always act competently and in a timely manner consistent with the terms of the retainer and the duty to take reasonable care. (b) Did Y...