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1. BORA New Zealand Security Intelligence Services Amendment Bill [pdf, 215 KB]

   ...unreasonable search and seizure. There are two limbs to the s 21 right. First, s 21 is applicable only in respect of those activities that constitute a ‘search or seizure’. Secondly, where certain actions do constitute a search or seizure, s 21 protects only against those searches or seizures that are ‘unreasonable’ in the circumstances. • The current framework for the issuance of intelligence warrants (which, as indicated above, were formally known as interception warrants)...

2. BORA Greater Christchurch Regeneration Bill [pdf, 288 KB]

   ...carried out or because those areas are hazardous. This purpose is sufficiently important to justify some kind of limitation on the right. There is a rational connection between restricting access to areas, buildings, public places, and roads and protecting the public from the hazards resulting from earthquake damage. 12. In assessing whether the limitations in each of clauses 48(3), 50 and 54-55 impair the right no more than is reasonably necessary, and are proportionately connected to...

3. BORA Settlement Systems and Futures Bill [pdf, 296 KB]

   ...exchanges that operate both securities and futures markets. 3 The Bill is split into three parts. • Part 1 of the Bill amends the Reserve Bank Act 1989 to allow settlement systems operating in New Zealand to apply for designation and receive legal protections to support the integrity of the system. Part 1 names the Reserve Bank of New Zealand and the Securities Commission as the joint regulators of designated systems and outlines their functions and duties. • Part 2 of the Bill c...

4. BORA Ngāti Whātua Ōrākei Claims Settlement Bill [pdf, 289 KB]

   ...compensation remedy when the new governance entity is created (cl 76(2) and cl 79(2)). It might be argued that these clauses limit the right to bring civil proceedings against the Crown affirmed by s 27(3) of the Bill of Rights Act. However s 27(3) protects only procedural rights [7], while cls 24(3), 76(2), 79(2) and 82 affect the substantive law. Accordingly, no inconsistency arises. Negotiating mandate 10. Clause 17(2) provides that the trustee of the Ngāti Whātua Ōrākei Trust ha...

5. BORA Prohibition of Gang Insignia in Government Premises Bill [pdf, 292 KB]

   ...which includes the freedom to seek, receive, and impart information and opinions of any kind and in any form. The right is as wide as human thought and imagination.[1] 6. Gang insignia can be considered a form of expression and may fall under the protection of s 14 of the Bill of Rights Act. Gang insignia is, however, at the lower end of protected expression as it is associated with intimidation and criminal activity.[2] Is this a justified limit under s 5 of the Bill of Rights Ac...

6. [2020] NZEnvC 013 Edens v Thames Coromandel District Council [pdf, 23 MB]

   !BEFORE THE ENVIRONMENT COURT ·1 MUA I TE KOOTITAIAO OAOTEAROA IN THE MATTER AND BETWEEN AND TCDC Plan Review - Subdivision appeals Decision No. [2020] NZEnvC 013 of the Resource Management Act 1991 of eleven appeals under Clause 14 of Schedule 1 to the Act SUE EDENS (ENV-2016-AKL-118) DEAN GLEN, CLAIRE ELLIOT, SOL GLEN, ROY GLEN & BLACKJACK FARMS LIMITED (ENV-2016-AKL-080) KEITH VERNON (ENV-2016-AKL-084) TASMAN BUILDINGS LIMITED (ENV-2016-AKL-094) HER

7. [2024] NZREADT 05 CAC v Pang (6 March 2024) [pdf, 227 KB]

   ...and salespersons: (b) raising industry standards: (c) providing accountability through a disciplinary process that is independent, transparent, and effective. [12] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:2 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish t...

8. CE v DT LCRO 281 / 2011 (30 September 2013) [pdf, 107 KB]

   ...obligations in Rules 3.4 and 3.5. In this context it appears he gave no thought to the substantive purposes of the Rules, which are intended to keep a client informed of certain matters, including fees. This is an integral aspect of the consumer protection purpose of the Lawyers and Conveyancers Act. [27] Had the Practitioner considered this matter more carefully it would have been immediately obvious that the circumstances were such that the Respondent would not 7 have r...

9. LCRO 202/2017 LO v RT (4 February 2019) [pdf, 173 KB]

   ...complaints brought by the Bar ... [41] He did go on to say that:11 But it has also been said that res judicata or double jeopardy principles may not apply to disciplinary bodies because their “disciplinary requirements serve purposes essential to the protection of the public, which are deemed remedial, rather than punitive”: Spencer v Maryland State Board of Pharmacy, 846 A 2d 341, 352 (Maryland Court of Appeals, 2003); cf Re Fisher, 202 P 3d 1186, 1199 (Sup Ct, Colorado, 2009)....

10. Lawyer-for-Subject-Person.-Selection-Appointment-and-Other-Matters.pdf [pdf, 238 KB]

    ...this practice note: (a) PPPR Act means the Protection of Personal and Property Rights Act 1998. (b) MHCAT Act means the Mental Health (Compulsory Assessment and Treatment) Act 1992. (c) IDCCR Act means the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003. (d) SACAT Act means the Substance Addiction (Compulsory Assessment and Treatment) Act 2017. (e) The term “subject person” means a person in respect of whom an application is made under the PPPR Act....