Search Results

1. BORA Video Camera Surveillance (Temporary Measures) Bill [pdf, 320 KB]

   ...free from unreasonable search and seizure, it is unnecessary to carry out a further analysis under s 5. If a search or seizure is unreasonable it cannot be justified. [4] • The Court of Appeal has said that the “touchstone” of s 21 is the protection of reasonable expectations of privacy: [5] • The main aim of s 21 of the Bill of Rights is to protect privacy interests. It is only where a person's reasonable expectations of privacy have been breached that a personal re...

2. BORA Business Law Reform Bill [pdf, 392 KB]

   ...the provision falls to be justified under section 5 of the Bill of Rights Act. 20. The different treatment of large companies is retained because these companies have a significant effect on the New Zealand economy. The provision is intended to protect New Zealand interests which could be supplanted by the broader interests of the company. This can be considered a significant and important objective. 21. The additional reporting requirements are intended protect New Zealand interests...

3. Mohammadalibeigy v Yap [2015] NZIACDT 64 (25 May 2015) [pdf, 178 KB]

   ...standards of conduct are maintained in the occupation concerned. [8] When imposing sanctions those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [8.1] Protecting the public: Section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [8.2] Demanding minimum standards of conduct: Dentice v Valuers Registration...

4. BORA-Advice-Education-and-Training-Amendment-Bill.pdf [pdf, 259 KB]

   ...movement are demonstrably justified under s 5 of the Bill of Rights Act. As with similar advice given on a previous Bill,3 we note that the purpose of these kinds of provisions is to minimise disruption to the delivery of education for students, and protect the health, safety, and wellbeing of students. The provisions are therefore rationally connected to these objectives and minimally impair freedom of association and movement. 2 Moncrief-Spittle v Regional Facilities Auckland Limite...

5. Auckland Standards Committee 2 v Small [2024] NZLCDT 32 (16 October 2024) [pdf, 106 KB]

   ...(3) A person commits an offence against this Act and is liable on conviction to a fine not exceeding $25,000 who knowingly acts in contravention of subsection (1). [10] Rule 10.2 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) provides: Reputation of profession 10.2 A lawyer must not engage in conduct that tends to bring the profession into disrepute. [11] Rule 10.9 of the Rules provides: Misleading and deceptive conduct 10.9 A lawy...

6. LCRO 182/2017 TP v ZN (14 September 2020) [pdf, 414 KB]

   ...document itself prominently refers to the arrangement between [Firm B] and Mrs ZN as being a “Partnership [Programme]”. 3 [15] Several days after he lodged the proceedings, Mr TP provided Mrs ZN with what is generally known as client care information, spread across three different documents. This included information about Mr TP’s fees. I discuss that material in more detail later in my decision. [16] Between 2014 and 2016 there were unsuccessful attempts by Mrs ZN and...

7. [2020] NZEmpC 225 Davis v Idea Services Ltd [pdf, 368 KB]

   ...operations the hazards in the workplace may include challenging behaviour of service users. [5] It is pleaded for Ms Davis that ISL acted unjustifiably and/or breached these terms by: a) failing to have the service user’s disability treatment and care reassessed prior to November 2016, as requested by Ms Davis; 1 Davis v Idea Services Ltd [2019] NZERA 610 (Member Loftus). 2 The term of the IEA placed before the Court was from 21 October 2014 to 20 October 2016. Both par...

8. LCRO 3/2024 RP v TG (21 May 2024) [pdf, 262 KB]

   ...make such payment, neither party will have any right or claim against the other as a result of such cancellation. 4 [16] On 11 January 2021, Ms NJ obtained an extension of the finance condition to 25 January 2021 and emailed the firm’s client care information and terms of engagement to the applicant. The firm quoted a modest fixed sum for acting on the purchase, subject to various exceptions, and hourly rates for work falling outside “the summary above”. [17] At about this t...

9. Impact summary RIA Extended Control Orders [pdf, 369 KB]

   ...conditions) there are limited options for managing any ongoing terrorism related public safety risk posed by the individual. New Zealand does have post sentence orders for managing some types of offenders (Extended Supervision Orders (ESOs) and Public Protection Orders (PPOs)) but these do not cover terrorism offenders. Under the status quo agencies can interact with individuals, however there is not ability to place requirements upon the person that would help limit the public safe...

10. Cao v Tony Tay and Associates Ltd (in liq) [2010] NZWHT Auckland 26 [pdf, 270 KB]

    ...25 Conclusion ..................................................................................................... 25 WAS TONY TAY A DEVELOPER? ................................................................... 26 Did Mr Tay Breach the Duty of Care Owed? .................................................. 30 IS SELINA TAY A DEVELOPER? ..................................................................... 30 WHAT IS THE APPROPRIATE LEVEL OF DAMAGES TO AWARD? .............. 31 IS THE...