Search Results

1. [2018] NZEnvC 093 Tuwharetoa Maori Trust Board v Waikato Regional Council [pdf, 1.9 MB]

   ...those that safeguard taonga. They are usually people, but have also been known to be spiritual forces. It is not a role of ownership, but one of custodianship. Kaitiakitanga - is exemplified through the practices used by kaitiaki in safeguarding, protecting and caring for resources. Mana whenua - the priority given to people to make decisions about the use of resources over an area of land that they are responsible for. Matauranga Maori - traditional Maori knowledge - the body of knowl...

2. [2014] NZEmpC 63 Bracewell v Richmond Services Ltd [pdf, 81 KB]

   ...registration forms held by those parties to enable the plaintiffs to contact the donors. Among the grounds of objection by this discovery by the non-party were that production of the documents was not necessary and the information contained in them was protected by medical privilege, privacy, and public interest. [21] The High Court found that there was no medical privilege because the non- party was not in a doctor-patient relationship with the donors.

3. Penalty REAA CAC 20004 v Lindsay [2014] NZREADT 35 [pdf, 39 KB]

   ...consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work.” [24] Counsel identified the intention of penalty orders, as the maintenance of professional standards and protection of the public but put it that penalties should not be applied with the purpose of punishing a licensee. In Z v Dental Complaints Assessment Committee [2009] 1 NZLR 1 (SC), at [97], McGrath J stated: “It is well established...

4. BORA Parliamentary Privilege Bill [pdf, 315 KB]

   ...limit is justified by the need for Parliament to discharge its fundamental democratic responsibilities. 2.2.2Second, the Bill confirms the power of the House of Representatives to fine for contempt. Such fines are not susceptible to the procedural protections for criminal charges affirmed by s 25 of the Act or to judicial review under s 27(2). We conclude, however, that the limitation on those rights is a necessary incident of the discharge by Parliament of its responsibilities and of...

5. SG v [City] SC LCRO 250/2013 (6 March 2015) [pdf, 52 KB]

   ...identify the dormant balances and for him to ensure that they were dealt with or reported on”. 14 [19] The purposes of the Lawyers and Conveyancers Act include the maintenance of public confidence in the provision of legal services and the protection of consumers of legal services. 15 [20] Mr JR has noted the comment by Mr MT that his report was only made available to the Standards Committee because of the issues relating to the FTRA. Mr MT has noted that he would not othe...

6. LCRO 58/2015 YA v MK (29 June 2018) [pdf, 158 KB]

   ...because Mr RO (Ms RO’s father) was a family friend and the matter was one of utmost urgency concerning, as he said it did, the safety of Mr RO’s daughter following family violence two days before. He said that at the outset of the meeting he carefully explained his position. [27] Mr MK recorded some of the events that had followed the 17 December 2013 meeting, reporting that Ms RO had instructed new lawyers and counsel had been instructed. Mr MK said no loss had accrued to Mr...

7. Ref: LCRO 99/2019 SQ v LP (27 October 2020) [pdf, 235 KB]

   ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [48] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that neces...

8. Director of Proceedings v Summerset Group Holdings Ltd [2022] NZHRRT 1 [pdf, 443 KB]

   ...defendant has breached the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 (“the Code”) in respect of Right 4(1) by failing to provide services to the aggrieved person with reasonable care and skill; and 2(b) A final order prohibiting publication of the name and identifying details of the aggrieved person in this matter (Miss E (deceased)). [4] Having considered the Agreed Summary of Facts the Tribunal is satisfied on...

9. BORA Dumping and Countervailing Duties Amendment Bill [pdf, 185 KB]

   ...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions....

10. BORA Joint Family Homes Repeal Bill [pdf, 79 KB]

    ...awaiting its first reading. It is a Member’s Bill in the name of Simon O’Connor MP. It is our understanding that the next Members’ Day is 15 February 2012. 2. The Bill seeks to repeal the Joint Family Homes Act 1964 and s 16(2) of the Family Protection Act 1955. 3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. This advice has been prepared by the Public Law Group and the Office of Legal Counsel....