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...Parliament’s right to control its own affairs for matters within its jurisdiction (exclusive cognisance). In practical terms, parliamentary privilege provides immunities from legal proceedings for actions done and things said in the context of parliamentary proceedings. It protects the participants in parliamentary proceedings, including parliamentarians, people appearing before Select Committees, and people reporting ...
...Regional Plan: Water for Otago (9 October 2020) CB162 3A Appendix A: Minister for the Environment’s direction to refer Plan Change 8 and Plan Change 1 to the Environment Court (8 April 2020) CB232 3B Appendix B: Letter from Environmental Protection Authority commissioning Skelton report (15 September 2020) CB234 3C Appendix C: Minister’s letter in response to Skelton report CB236 3D Appendix D: Professor Skelton – Investigation of Freshwater Management and Allocation...
...of her case before the ERA was lacklustre. 8 [36] In the course of providing regulated services to their client, a lawyer must act competently and in a timely manner consistent with the terms of the retainer and the duty to take reasonable care.3 [37] A lawyer’s conduct may be deemed to be unsatisfactory if, in the course of providing regulated services to their client, their conduct falls short of the standard of competence and diligence that a member of the public is entitl...
...on three occasions when it should have done so resulting in loss to them. The Lees also claim against the developer, GIL (2008) Limited (GIL), formerly known as Goodland Investments Limited, and say that GIL breached the non-delegable duty of care it owed to them as future purchasers to ensure the house was built properly. [4] Lai Fook Choy was joined as a respondent to the claim following an application by the Council. Mr Choy installed the cladding on the house. It was al...
...decision [18] Ms JG filed her complaint with the New Zealand Law Society Complaints Service on 23 March 2020. [19] The substance of her complaint was that: (a) Ms VK had failed to apply promptly and urgently for an urgent border alert under the Care of Children Act 2004; and (b) prior to her meeting with Ms VK she had made it clear that she wanted an application to be made for a border alert as a matter of urgency; and (c) Ms VK had delayed in forwarding the request to Interpol;...
...the appellants did not demonstrate clear opposition to the investment. Conclusion Lower Court findings [34] The lower Court‟s overall conclusion was that all five trustees, including the appellants, failed in their duty to act prudently and protect the assets of the Trust. It noted they could have sought further direction from the Court at any time but did not take that step. It was satisfied their conduct regarding this investment was sufficiently serious to warrant their rem...
...and salespersons: (b) raising industry standards: (c) providing accountability through a disciplinary process that is independent, transparent, and effective. [36] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:9 …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...
...transparent, and effective.9 [11] In order to meet the purposes of the Act, penalties for misconduct and unsatisfactory conduct are determined bearing in mind the need to maintain a high standard of conduct in the industry, the need for consumer protection, the maintenance of confidence in the industry, and the need for deterrence. [12] A penalty should be appropriate for the particular nature of the misbehaviour, and the Tribunal should endeavour to maintain consistency in penaltie...
...out in the following passage3: [13] It is now well established that the purpose of penalties imposed in professional disciplinary proceedings is not punitive. Rather, it reflects the purposes of the Lawyers and Conveyancers Act 2006 (LCA): the protection of the public, the upholding of professional standards and of the confidence that the public has in the legal profession. 3 See above n 2. 6 [14] As well as that, an assessment of proportionate penalty includes cons...
...determined, pursuant to s 152(2) of the Lawyers and Conveyancers Act 2006 (the Act) that there had been unsatisfactory conduct on the part of Ms NR in that she had contravened Chapter 8 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules). Rule 8 imposed a duty on Ms NR to protect and hold in strict confidence all information concerning Mrs EA, the retainer, and Mrs EA’s business and affairs acquired in the course of the professional relatio...