Search Results

1. BORA Prisoners' and Victims' Claims Bill [pdf, 194 KB]

   ...of monetary compensation in respect of inmate claims. The availability of monetary compensation, where appropriate, to a person whose rights have been breached is an underlying element of the right to an effective remedy for breach and so to the protection and promotion of those rights under the BORA: see, for example, Simpson v Attorney- General [Baigent’s Case] [1994] 3 NZLR 667, 676, 691, 703 and 718, relying upon art. 2(3) of the International Covenant on Civil and Political Right...

2. [2018] NZEmpC 10 TKR Properties Ltd t/a Top Pub & Route 26 Bar and Grill v MacDonald [pdf, 162 KB]

   ...will be unable to meet an adverse award of costs. That must be taken as contemplating also that an order for substantial security may, in effect, prevent the plaintiff from pursuing the claim. An order having that effect should be made only after careful consideration and in a case in which the claim has little chance of success. Access to the courts for a genuine plaintiff is not lightly to be denied. [16] Of course, the interests of defendants also must be weighed. They must b...

3. BORA Reserve Bank of New Zealand Amendment Bill [pdf, 318 KB]

   ...otherwise. 8. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a "search or seizure". Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. 9. New Part 5D, to be inserted by clause 11 of the Bill, contains powers of search and seizure that require scrutiny for compliance wi...

4. [2018] NZLCDT 9 Auckland Standards Committee 2 v Name Suppressed [pdf, 157 KB]

   ...There must also be a duty to act in a professional, candid and straightforward way in dealing with the Society and its representatives …”5 [21] His Honour Cooper J went on to say: “[109] The duties to which I have referred do not exist to protect the sensibilities of those involved in administering the Act’s disciplinary provisions. While courtesy is a normal aspect of professional behaviour expected of a practitioner, it is not an end in itself. The purpose of the disciplina...

5. BORA Trade Marks (International Treaties And Enforcement) Amendment Bill [pdf, 309 KB]

   ...Thursday, 3 July 2008. 2. The Bill amends both the Trade Marks Act 2002 and the Copyright Act 1994. Its purpose is to: • implement three international trade marks treaties into New Zealand law: - the Madrid Protocol (facilitating trade mark protection overseas), - the Singapore Treaty (simplifying and harmonising registration requirements and procedures), and - the Nice Agreement (relating to trade mark classification); • empower the Ministry of Economic Development’s Na...

6. MOJ0501 Childrens Guide to Separation booklet [pdf, 2.2 MB]

   ...You’ll probably want to keep seeing both your parents. And your grandparents and cousins, aunts and uncles too. Let your parents know. Tell them how Will I still see everyone? If you don’t feel safe with one of your parents, you can be protected from them. It’s your right to be safe all the time, no matter who’s looking after you. If you’re worried about your safety, tell an adult you trust. You can also call the phone numbers listed at the back of this booklet. you...

7. BORA Local Government (Auckland Law Reform) Bill [pdf, 308 KB]

   ...the Bill draws a distinction on the basis of race. We consider any potential issue of inconsistency with s 19 of the Bill of Rights Act arising from the establishment of the Board to be demonstrably justified under s 5 of that Act. The active protection of the indigenous people of New Zealand and those that have been historically disadvantaged is a significant and important objective. The Board furthers this objective by giving special recognition to the mana whenua and Māori of T...

8. TP v RO LCRO 174/2012 (7 November 2014) [pdf, 88 KB]

   ...Mr RO’ duty was to his client Mr VN. He did, however, owe Mrs TP limited duties as a third party represented by her own lawyer, including those that are regulated by Chapter 12 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. [30] Rule 12 says: A lawyer must, when acting in a professional capacity, conduct dealings with others… with integrity, respect, and courtesy. [31] The professional disciplinary issue Mrs TP’s complaint raised wa...

9. CAC306 v Murphy & Anor [2015] NZREADT 88 [pdf, 130 KB]

   ...3 received Mr Sheppard’s report on 15 October 2013. It is puzzling that he then continued the next day with a private viewing before the auction but, presumably, prospective bidders wished to view the property again and Mr Murphy took care to provide them with the full report about contamination. Also, no analyst had indicated to him that people should no longer enter the property. All that was in a context of the defendants having been retained to market the property for th...

10. Family Court Rewrite Submission - NZ FC Court Psych Group [pdf, 304 KB]

    ...Psychological Group. 28th February 2019. Pg. 2 We believe that could be managed through the Court and its authority and processes (perhaps with access to expert opinion about the use of such information and how children in particular can be protected). 2. The development of specialised Court staff, both at the level of the Registry (the proposed Senior Family Court Registrar) and the proposed Family Justice Service Coordinators. Specialist Psychologists believe that everyon...