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1. LCRO 206/2018 JA v CL (22 July 2020) [pdf, 168 KB]

   ...client…”.4 It noted that Ms BS herself had not made any complaints about Ms CL’s conduct. [9] It said: “…the existence of a duty to a non-client is very much an exception” and that, “these principles are recognised in the client care rules”.5 [10] The Committee continued:5 For that reason, under most circumstances it is not conceivable that a lawyer could owe a duty of care to a third party on the opposing side of a dispute, as this would have clear potential to...

2. RN v QW LCRO 226/2012 (8 September 2016) [pdf, 97 KB]

   ...evidence, and that fresh evidence was not 17 invited. I note, however that this Office is charged with a review function and that further information can be obtained at the LCRO’s discretion. Nonetheless, I have been assisted by counsel’s careful submissions, and can find no cogent reason to refer matters back to the Committee. Decision Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the decision of the Standards Committee is confirmed. DATED this...

3. Butcher v NZ Transport Agency [2022] NZHRRT 21 [pdf, 586 KB]

   ...teaching, either individually or in community with others, and either in public or in private. [5] In light of those provisions, Mr Butcher submitted that the religious beliefs of people such as him whose religious beliefs are not widely shared are protected, directly and indirectly by s 19 of the Bill of Rights Act. [6] Mr Butcher further relied on ss 13 and 15 to argue that the meaning of religious belief under the HRA must be understood to include both the belief itself and the mani...

4. BORA Manukau City Council (Control of Street Prostitution) Bill [pdf, 417 KB]

   ...section is triggered at the point of detention, and a statutory requirement to provide information while arrested or detained raises a prima facie issue of inconsistency under this section. 22. The Canadian Supreme Court has outlined the high degree of protection that the law affords to the right to refrain from making a statement when arrested or detained. In R v Hebert,[14] McLachlin J (as she then was) said: The purpose of [the right] is two-fold: to preserve the rights of the detain...

5. LA - Part 2 - Areas of Law Family [pdf, 710 KB]

   ...Pre-proceedings settlements Other Areas of Law Family PART 2 AREAS OF LAW – FAMILY – MOJ0052.2-MARCH14 PAGE 2 / 6 Family Court matters Current Year Previous Year 20–– 20–– 20–– Types of Family Court cases Adoption Act 1955 Care of Children Act 2004 Children, Young Persons and their Families Act 1989 Domestic Violence Act 1995 Family Proceedings Act 1980 Protection of Personal and Property Rights Act 1988 Property (Relationships) Act 1976 Family Protection Act...

6. BORA Misuse of Drugs Amendment Bill (No3) Supplementary Order Paper [pdf, 101 KB]

   ...expression) and 26 (prohibition against discrimination) of the International Covenant on Civil and Political Rights ("the ICCPR"). Although Article 19 of the ICCPR allows for restrictions to be placed on the right to freedom of expression for the protection of public health, such restrictions are only permissible where they are shown to be necessary. We consider that such restrictions would only be "necessary" where it could be shown they were reasonable in terms of se...

7. Wairau v Wairoa District Council - Kaiwaitau 7C2B (2008) 124 Wairoa MB 105 (124 WR 105) [pdf, 171 KB]

   ...generations in the same condition or better than. whatit is. presently~ .. f) It is also incumbent on the Council not to interference with the current owners' exercise of that responsibility; g) Equally it is the Court's responsibility to protect "wahi tapu" on, in and around Maori land being Kaiwaitau 7C2B in the present case; h) The Applicant's evidence confirms that there are wahi tapu on, in and around Kaiwaitau 7C2B, which the Court must protect. Th...

8. [2018] NZEnvC 073 Skyline Enterprises Limited v Queenstown Lakes District Council [pdf, 1.2 MB]

   ...says that he supports: (a) parking buildings in Queenstown; (b) the undergrounding of electricity to prevent fire. A fire on Ben Lomond could be a calamitous loss of life and potentially the greatest disaster in New Zealand history; (c) the protection of Queenstown scenery and environment (including protected trees); and (d) the protection of the adjoining cemetery. [6] Mr Walker opposes: 2 3 4 5 (a) the use of the Ben Lomond reserve land for a car parking building;...

9. LCRO 99/2017 WH v Area SC [pdf, 95 KB]

   ...commenced own-motion inquiries to consider conduct on the part of Mr WH and Mr BZ. NZLS was concerned about a potential 3 breach of security for client files based on rr 8 and 8.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules), which impose duties on lawyers to indefinitely protect and hold client information in strict confidence. [14] Mr WH took steps to avert [Storage Company] destroying files, and undertook to NZLS that he w...

10. [2018] NZEmpC 148 Bowen v Bank of NZ [pdf, 218 KB]

    ...Court) can make such orders through reg 6(2) of the Employment Court Regulations 2000.2 [3] The principal reason for the application is that Ms Bowen believes that there is a risk that the BNZ will destroy evidence that is critical and relevant to protected disclosures she has made and to the proceedings that she has pending in the Human Rights Review Tribunal and in the Employment Relations Authority (the Authority). [4] The BNZ has identified the proceedings currently filed in...