Search Results

1. Auckland Standards Committee v Castles [2014] NZLCDT 8 [pdf, 77 KB]

   ...previous disciplinary history “may demonstrate that the practitioner lacks insight into the causes and effects of such behaviour, suggesting an inability to correct it. This may indicate that striking off is the only effective means of ensuring protection of the public in the future.” [18] The Tribunal of five members unanimously reached the view that no penalty short of strike off could properly reflect the seriousness of this practitioner’s misconduct and ensure future prot...

2. CAC 20004 v Gardiner [2014] NZREADT 65 [pdf, 36 KB]

   ...executed and he would not therefore have needed to tell him to get rid of any stolen property had he stolen it. He said that he had been annoyed by Miss Dufty’s boys’ behaviour for many years. He said his concern was as a stepfather to try and protect his stepson from the potential discovery of cannabis, not to prevent the Police from finding any stolen property. 3 [7] Mr McCoubrey and Mr Waymouth both agree that the test as to whether or not the sending of the text amounts...

3. REAA CAC 10054 v Hume [2014] NZREADT 10 [pdf, 82 KB]

   ...that he reacts to issues belligerently and unprofessionally, and obsessively insists on what he regards as his rights.” [17] It is well established that decisions of disciplinary Tribunals should emphasise the maintenance of high standards and the protection of the public through specific and general deterrence. While this may result in orders having a punitive effect, this is not their purpose; Z v CAC [2009] 1 NZLR 2; CAC v Walker [2011] NZREADT 4. [18] We accept that, given the...

4. BORA Border Processing (Arrivals and Departures) Levy Bill [pdf, 302 KB]

   ...unreasonable search and seizure 15. Section 21 of the Bill of Rights Act affirms the right to be secure against unreasonable search or seizure. The right applies only in respect of those activities which constitute a “search or seizure”. Further, s 21 protects only against those searches or seizures that are “unreasonable” in the circumstances. 16. The Bill expands the existing compliance audit regime in ss 141A-141D of the Biosecurity Act to apply to the new levy introduced b...

5. BORA Social Worker’s Registration (Mandatory Registration) Amendment Bill [pdf, 314 KB]

   ...being subject to a formal complaints process. 23. The Bill will minimise the risk of poor practice by ensuring only registered social workers who have completed a competency assessment are able to practise. This will contribute towards the better protection of vulnerable members of society and to the enhancement of public confidence. Regulation will also ensure that practitioners’ knowledge and skills remain up to date. 24. A number of other professions are regulated by legislation a...

6. TG v Tangilanu [2012] NZIACDT 17 (8 May 2012) [pdf, 90 KB]

   ...penalty for both matters must reflect the overall conduct. [3] The facts and background are set out in the earlier decision upholding this complaint, dated 27 March 2012. The key findings were: [3.1] Ms Tangilanu systematically failed to act with care, diligence and professionalism; she effectively ignored the Code. [3.2] She failed to carry out her client’s (Ms TG’s) instructions to apply for both student permits and residence permits. [3.3] She failed to commence her professi...

7. BORA Contract and Commercial Law Bill [pdf, 146 KB]

   ...Companies Act 1993, and registration as an auctioneer under the Auctioneers Act 2013. The age of 18 is also the default age of the end of childhood under the UN Convention on the Rights of the Child, which requires states party to provide various protections to children. 18. Third, cl 86 does not prevent minors from entering into contracts, but only from having those contracts enforced against them without a review of the fairness to the minor of the contract by a court. We consider th...

8. Information Sharing Agreement between the Ministry of Justice and the Crown Law Office [pdf, 165 KB]

   ...prepared for transfer; 15.2. Information will be securely transferred to CLO; 15.3. The information supplied to CLO will be processed and linked to other information relating to defendants; 15.4. CLO will store the information in a secure system that protects the information against unauthorised use, modification, access and disclosure. 6 Safeguards to protect privacy 16. The Parties will: 16.1. Create a Memorandum of Understanding (MOU) which details roles and responsibi...

9. Notes from Crown Maori Relations hui Invercargill 12 May 2018 [pdf, 441 KB]

   ...continue this debate as it has massive consequences for Māori.” One speaker noted that the Treaty of Waitangi should be entrenched within New Zealand’s constitution. • Improving Health outcomes – A few speakers indicated that the hospital care and treatment in the region was ‘horrendous’. A few also suggested that the government needs to address mental health issues as they intersect with other issues like homelessness, suicide, criminal action and the well-being of t...

10. Gartrell v New Zealand Law Society [2012] NZLCDT 25 [pdf, 98 KB]

    ...have regard to the factors set out in s 41 of the Act which itself imports s 55 factors and includes any other matters thought appropriate. [4] Those factors must be considered in the light of the purposes of the Act which is concerned with the protection of consumers of legal services and the maintenance of public confidence in the provision of legal services. [5] The history of this matter will explain the cautious approach taken by the Society and I am going to use the chronolo...