Search Results

1. LCRO 240/2013 TM v DC (8 May 2017) [pdf, 365 KB]

   ...deprived [him] of an entitlement to union membership”. Hearing in person [61] Mr TM indicated that he wished to be heard in person. A hearing took place on 31 March 2017. [62] I record that as well as hearing from Mr TM in person, I have carefully read the complaint and response, the Committee’s decision and the submissions filed in support of the application for review. There are no additional issues or questions which in my mind necessitate any further submissions from...

2. LCRO 1/2018 SY v LT and LN (17 December 2019) [pdf, 224 KB]

   ...that Mr SY had failed to communicate with the beneficiaries as described, the Committee turned to consider what professional standard or standards were engaged. [51] Referring to r 7.1 of Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules), the Committee noted that “a lawyer is required to keep a client informed about progress on the retainer”. It held that “the beneficiaries should also have been kept informed.”3 [52] The Committee conc...

3. BORA Ngāti Manawa and Ngāti Whare Claims Settlement Bill [pdf, 290 KB]

   ...have those heard according to law in the same way as civil proceedings between individuals. However, both cll 36 and 174 affect the substantive law. Accordingly, in my view they do not fall within the ambit of s 27(3) of the Bill of Rights, which protects procedural rights. Whether s 19 at issue 9. The Bill provides for the transfer of various assets to claimants and for claimants (and other Maori) to have rights which are not conferred on other people. For example claimants have...

4. BORA Arbitration Amendment Bill [pdf, 358 KB]

   ...disclosed; and (b) The disclosure is no more than what is reasonably required to serve the other considerations referred to in paragraph (a). 8. The rule prohibiting disclosure amounts to a prima facie breach of the right to freedom of expression protected by s 14 of the Bill of Rights Act. 9. While parties must agree to engage in the arbitration process and therefore to be bound by the implied confidentiality term, that agreement is made at a time when it is not possible for the part...

5. BORA Police Complaints Authority (Commission of Inquiry into Police Conduct) Amendment Bill [pdf, 271 KB]

   ...BORA rights might be thought to be relevant to the consistency of the Bill with BORA, viz, s 21 BORA (unreasonable search and seizure) and s 23(4) BORA (right to silence of detained person). In my view neither right is triggered. 5. Section 21 BORA protects everyone against unreasonable search and seizure. Unreasonable search and seizure extends to the forcible provision of information. However, s 21 BORA is not a general guarantee of privacy: see the references in the White Paper pp 103...

6. BORA Statutes Amendment Bill [pdf, 382 KB]

   ...• Valuers Act 1948 Ministry of Agriculture and Fisheries • Animal Welfare Act 1999 • Biosecurity Act 1993 • Diary Industry Restructuring Act 2001 • Forests Act 1949 Ministry of Culture and Heritage • Flags, Emblems, and Names Protections Act 1981 Ministry of Economic Development • Commerce Act 1986 • Incorporated Societies Act 1908 • Personal Properties Securities Act 1999 • Radiocommunications Act 1989 • Receiverships Act 1993 • Trade Marks Act 200...

7. BORA Trade (Safeguard Measures) Bill [pdf, 212 KB]

   ...is to enable New Zealand to apply safeguard measures at its border in accordance with the Agreement establishing the World Trade Organisation. Safeguards are temporary measures, usually in the form of a duty, in order to: • a) provide temporary protection to a domestic industry from serious injury caused by increased imports; and • b) facilitate adjustment by a domestic industry to increased competition from increased imports. 4. The Bill: • includes matters that must be consi...

8. BORA Regulatory Systems (Workforce) Amendment Bill (No 2) [pdf, 224 KB]

   ...7. Part 2 amends the Holidays Act 2003 to clarify that penalties for failure to comply with provisions of that Act apply to persons who are involved in the failure to comply as well as employers. 8. Part 3 amends the Parental Leave and Employment Protection Act 1987. It extends the definition of ‘primary carer’ to include a spouse or partner who takes on permanent primary responsibility for the care, development and upbringing of a child under 12 months old, in situations where the b...

9. BORA Regulatory Systems (Workforce) Amendment Bill [pdf, 275 KB]

   ...7. Part 2 amends the Holidays Act 2003 to clarify that penalties for failure to comply with provisions of that Act apply to persons who are involved in the failure to comply as well as employers. 8. Part 3 amends the Parental Leave and Employment Protection Act 1987. It extends the definition of ‘primary carer’ to include a spouse or partner who takes on permanent primary responsibility for the care, development and upbringing of a child under 12 months old, in situations where the b...

10. Revictimisation-Policy-brief.pdf [pdf, 277 KB]

    ...complex needs These findings indicate that people who are at higher risk of poly-victimisation have complex needs. A more nuanced understanding of how characteristics intersect to increase risk can help service providers and policymakers reach and protect crime victims. We recommend early identification of people at risk of becoming poly-victims through a multi-agency approach, using targeted support to reduce vulnerability to re-victimisation. Screening questions at services like victim...