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1. BORA Taxation (Kiwisaver and Company Tax Rate Amendments) Bill [pdf, 386 KB]

   ...Kiwisaver scheme. The Bill also decreases the company tax rate, and makes a number of remedial amendments for the new portfolio investment entity rules. CONSISTENCY WITH SECTION 19 OF THE BILL OF RIGHTS ACT 4. Section 19(1) of the Bill of Rights Act protects the right to freedom from discrimination on the grounds of discrimination set out in section 21 of the Human Rights Act 1993, including age (which means any age of 16 years old and over). 5. Taking into account the various domesti...

2. BORA Judicial Retirement Age Bill [pdf, 287 KB]

   ...Court, coroners and Community Magistrates, currently 68, to 70. The explanatory note to the Bill expresses the purpose of a fixed retirement age as follows (para. 2): "Security of tenure and its counterpart, a compulsory retirement age, are key protections for judicial independence. These provisions enable the fearless performance of judicial functions by freeing Judges from concerns about their future term of office." 3. The explanatory note indicates that the proposed increas...

3. EJ v UQ Ltd [2015] NZDT 834 (29 September 2015) [pdf, 91 KB]

   ...If so; what is recoverable on that failure? Did the services provided by UQ Ltd fail? [5] The law of contract and the Consumer Guarantees Act 1993 applies. By law UQ Ltd must perform its services (warranty repair work) with reasonable skill and care and the product of its service must be of acceptable quality, fit for purpose and durable. The test is objective. Where a failure is capable of remedy then a consumer may require the supplier in trade to remedy the failure and if they d...

4. Family Court Rewrite Submission - NZ Nurses Association [pdf, 307 KB]

   ...the opportunity for whānau based counselling sessions. 24. What types of therapeutic intervention would be useful in complex cases? As health professionals, we see the benefit of nurses and health workers (mental health nurses, primary health care nurses and community health workers) providing support to families and whānau who are accessing the Family and Whānau Court. We agree with proactive measures that would allow Judges to direct parties for psychological or psychiatric asse...

5. [2019] NZEmpC 146 Alkazaz v Asparona Ltd [pdf, 220 KB]

   ...Court must consider all of the circumstances, including the nature of the proceedings and the interests of both parties.5 An order for security that has the effect of preventing a party from pursuing his or her claim should only be made after careful consideration, as access to the courts for a genuine plaintiff 4 Quality Consumables Ltd v Hannah (No 2) [2017] NZEmpC 155 at [12]. 5 McLachlan v MEL Network Ltd [2002] 16 PRNZ 747 (CA)...

6. LCRO 124/2018 BK v [Area] Standards Committee (25 February 2020) [pdf, 140 KB]

   ...that the lawyer’s conduct constituted unsatisfactory conduct pursuant to sections 12(b) and/or (c) of the Lawyers and Conveyancers Act 2006 (the Act) by way of a breach of rule 13.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. [6] After taking various mitigating factors into account, the Committee determined to make no orders following the finding. It did however, direct that, in the interests of the public, a summary of the determination should b...

7. Auckland Standards Committee v Smith Charges [2015] NZLCDT 40 [pdf, 31 KB]

   ...disrepute? 6. If not, did her conduct “fall short of the standard of competence and diligence” expected, in terms of s 12(a), as pleaded? Background [5] Ms Smith is living overseas, but gave evidence by Skype link. We were impressed by her careful and straightforward answers in cross-examination. Having heard the evidence of Ms Smith, we consider that a number of the particulars pleaded are inaccurate. Indeed, in opening, Mr McCoubrey, for the Standards Committee, properl...

8. Piontecki & Anor v CAC 20003 & Ano [2014] NZREADT 96 [pdf, 29 KB]

   ...“misconduct” has been reached. However, we prefer to find that the licensee is guilty of unsatisfactory conduct at a high level. [57] Accordingly, a concerning issue is the type of penalty to be imposed on the licensee. Although the Committee, in its careful, thorough, and well reasoned decision, determined that the orders made by the District Court were sufficient, we consider that some more thought needs to be given to the appropriate penalty to be imposed on the licensee. …�...

9. IP v AR LCRO 161 / 2011 (15 June 2012) [pdf, 58 KB]

   ...Practitioner explained at the review hearing that the proceeding could be moved to the Family Court in a different jurisdiction, which would enlarge the Courts powers to examine the trusts for the purposes of determining whether the property was protected by the trust veil. [24] The work performed by the Practitioner included filing affidavits, communicating with the Court and the lawyers acting for the wife, meetings with the Applicant and other miscellaneous matters. He eventu...

10. [2018] NZEmpC 130 Kocaturk v Zara’s Turkish Ltd [pdf, 222 KB]

    ...the Court must consider all the circumstances, including the nature of the proceedings and the interests of both parties. An order for security that has the effect of preventing a party from pursuing his or her claim should only be made after careful consideration in a case in which the claim has little chance of success; access to the courts for a genuine plaintiff is not to be lightly denied. Against that, defendants are entitled to be protected against being drawn into unjustif...