Search Results

1. BORA Education Amendment Bill [pdf, 99 KB]

   ...seizure. 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. 5. The Bill amends the Education Act 1989 (the 1989 Act) to give powers of entry and inspection to authorised persons to ensure that early c...

2. BORA Environment Canterbury (Transitional Governance Arrangements) Bill [pdf, 287 KB]

   ...ensuring that an additional decision-making process is avoided where a decision has already been made. 16. We consider that the Bill’s processes for determining WCO applications made before transition day are procedurally fair and offer adequate protection of the right to natural justice. Appeal rights in respect of water conservation orders 17. The 2010 Act removed the jurisdiction of the Environment Court to consider appeals from decisions in respect of water conservation orders i...

3. BORA Inquiries Bill [pdf, 305 KB]

   ...to be consistent with the Bill of Rights Act. Summary of the Bill The Bill provides for three forms of inquiry: “Royal commissions”, “public inquiries” and “government inquiries.” The different forms would enjoy similar powers and protections but differ in their manner of appointment and reporting. The Bill aims to reform and modernise the legal framework relating to inquiries so inquiries are more flexible, effective and efficient. The Bill sets out the powers of an...

4. BORA Meat Board Restructuring Bill [pdf, 49 KB]

   ...seizure. 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. Inspection and auditing powers - Clauses 40-46, 59-63 17. To achieve the objectives underlying the Bill it was considered necessary to im...

5. BORA Local Government Law Reform Bill [pdf, 405 KB]

   ...reasonable for the purpose of section 21. 5. The removal of abandoned vehicles does not significantly intrude on the privacy of the owner and is necessary to deal with a problem that imposes a significant cost on ratepayers. The Bill will provide some protection for vehicle owners as the vehicle may not be removed until the police have been notified. The local authority must also make reasonable efforts to notify the last registered owner of the vehicle that it has been removed and tha...

6. [2021] NZIACDT 9 - SL v Mackintosh (5 May 2021) [pdf, 227 KB]

   ...her. Throughout the nine months, the complainant says, she was very patient. Her trust in Ms Mackintosh was shattered when she was given the first decline letter in May 2019. [24] It is contended that Ms Mackintosh, as a professional, failed to protect the complainant’s interest and must be held responsible for her conduct. Submissions from Ms Mackintosh [25] Mr Moses, counsel for Ms Mackintosh, produced submissions on 24 March 2021. He noted that Ms Mackintosh had already...

7. [2022] NZEnvC 213 Coneburn Preserve Holdings Ltd v Queenstown Lakes District Council [pdf, 5.2 MB]

   ...provision of sewage disposal, water supply and refuge disposal services which do not adversely affect water quality or other environmental values. Control the take-off and landing of aircraft within the zone. Avoid industrial activities. Maintain and protect views into the Jacks Point Zone of a predominantly rural and open character when viewed from the lake, and to maintain and protect views across the site to the mountain peaks beyond the lake when viewed from the State Highway. Re...

8. Ashraf v Standing [2012] NZIACDT 55 (30 August 2012) [pdf, 151 KB]

   ...public interest against Mr Loh’s interests (A v Professional Conduct Committee at [82]). [63] When dealing with integrity issues there is never any certainty that, short of exclusion from a profession, a person will not reoffend. This Tribunal must carefully weigh the circumstances. It is appropriate to place an element of considered trust in a practitioner who has shown the capacity and willingness to rehabilitate. [64] A significant factor in this case is that it involves dishonest...

9. Chen v Gu-Chang [2013] NZIACDT 56 (30 August 2013) [pdf, 149 KB]

   ...ensure that appropriate standards of conduct are maintained in the occupation concerned. [45] The statutory purpose is achieved by considering at least four factors which materially bear upon maintaining appropriate standards of conduct: [45.1] Protecting the public: section 3 of the Act states “[t]he purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [45.2] Demanding minimum standards of conduct: Dentice v Valuers Registratio...

10. Chen v Loh [2013] NZIACDT 55 (30 August 2013) [pdf, 151 KB]

    ...public interest against Mr Loh’s interests (A v Professional Conduct Committee at [82]). [63] When dealing with integrity issues there is never any certainty that, short of exclusion from a profession, a person will not reoffend. This Tribunal must carefully weigh the circumstances. It is appropriate to place an element of considered trust in a practitioner who has shown the capacity and willingness to rehabilitate. [64] A significant factor in this case is that it involves dishonest...