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1. 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...

2. 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...

3. Cole v Realty Insight Limited [2012] NZWHT Auckland 25 [pdf, 259 KB]

   ...there was a CCC, that it was safe for them to proceed to purchase? e) If so, was the misleading conduct of Mr Xiang an effective cause of the claimants’ loss, namely the purchase of the leaky home? f) Did Mr Xiang owe the claimants a duty of care in relation to the advice given on 23 August 2006 and was such advice causative of the claimants loss? g) Have the claimants established their formal proof claim against Mr Theotesto Reyes, the fifth respondent? h) Have the claima...

4. Hawkes Bay Standards Committee v McKay [2014] NZLCDT 57 [pdf, 173 KB]

   ...was the accurate version rather than that which had been found by the Tribunal on the basis of the complainant’s evidence. He did not make further submissions concerning the offending itself except that he asserted the public did not require protection from him. He considered that he had been the victim of a campaign by the District Law Society and appeared not to regard these charges or the other charges currently faced by him as well motivated or reflective of his high profess...

5. ENV-2016-AKL-000199 Self Family Trust v Auckland Council [pdf, 856 KB]

   ...Earthmovers Ltd, in particular the following: "[232J It is important to recall that, even for outstanding natural landscapes and also for the preservation of the natural character of the coastal environment, section 6{ aJ and (b J provide for protection from inappropriate subdivision, use and development; not absolute protection. " (10) The reference in the staff report to "prime soils" was unsupported by any direct evidence. The evidence produced to the Inde...

6. LCRO 233/2014 IB v KZ (27 June 2018) [pdf, 204 KB]

   ...is, to a degree, an element of overlap in the submissions filed. A failure to reference a specific submission advanced is not to be construed by the parties as an oversight in failing to consider any argument advanced. All submissions have been carefully considered. Argument 1 — The decision to lodge the complaint was tactical. [25] At the nub of this argument, is suggestion that KZ were hostile to Mr IB, because of the sheer volume of cases that Mr IB was pursuing against them....

7. LCRO 178-2016 KO v RT [pdf, 262 KB]

   ...consideration as to whether it is appropriate to order a penalty, I refer to the guidance provided by the Disciplinary Tribunal which has stated that the:20 “predominant purposes [of orders] are to advance the public interest (which include ‘protection of the public’), to maintain professional standards, to impose 19 IO v SJ LCRO 84/2010 (1 February 2012) at [44], [47]. 20 Daniels v Standards Committee (2) of the Canterbury-Westlan...

8. Regulatory Impact Statement Parliamentary privilege bill [pdf, 302 KB]

   ...Ministers,  such  briefings  are  not  protected by absolute privilege.   42. The Privileges Committee considers these briefings to be necessary for the conduct of proceedings  in Parliament and  therefore  requiring  the  same protection.   The Privileges Committee considered  that the narrower construction of “proceedings  in Parliament” adopted by the Court could have a  “chilling  effect”  on  the  flow  of  information  to...

9. LA Provider Manual Part 1 - provider approvals [pdf, 990 KB]

   ...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  rec...

10. CAC 414 & 416 v Tafilipepe [2019 ] NZREADT 13 (10 May 2019) [pdf, 332 KB]

    ...“marketing to the public”, such as signage placed on a property and advertisements in the media. He submitted that such an interpretation is unduly restrictive, and ignores the intent of r 9.6, which is to ensure that vendor clients have the protection of a listing agreement before any action is taken towards selling their property. [49] In the present case, he submitted, [ ] was given the address of the property, and the information contained in the Scope of Works. Furt...