Search Results

1. Taranaki Standards Committee v Flitcroft [2010] NZLCDT 36 [pdf, 176 KB]

   ...needs to be emphasised at this stage that on all occasions there was no element of personal gain. Mr Flitcroft’s sole motive in completing the forgeries was to enable the various transactions to take place. In pointing this out his counsel was careful not to minimise the seriousness of the misconduct. Mr Flitcroft accepts unreservedly that his actions constituted a serious lapse of judgment on his part and accepts sole responsibility. [8] The hearing on penalty included a dispu...

2. KJ v WN LCRO 46 / 2011 (13 April 2012) [pdf, 60 KB]

   ...Government Agency instead of referring issues for appropriate adjudication according to law. The complaints alleged that the Practitioner’s actions were in breach of his obligations under Rules 2, 10 and 10.7 of the Rules of Conduct and Client Care (the Rules). The Rules cited by the Applicant [19] Rule 2. This Rule requires a lawyer to uphold the rule of law and to facilitate the administration of justice. The Applicant alleged that the Practitioner’s conduct amounted to...

3. BORA Organic Products Bill [pdf, 184 KB]

   ...of the term “organic” is a clearly justified limitation on the right to freedom of expression. The restriction on describing a product as organic is necessary to create consistency amongst organic claims and does not go further than required to protect consumers against misrepresentation. Section 21 - Unreasonable Search and Seizure 12. Section 21 of the Bill of Rights affirms that everyone has the right to be secure against unreasonable search and seizure, whether of the person, p...

4. LCRO 42/2022 QA v Kennelly - Publication decision (1 August 2023) [pdf, 172 KB]

   ...interest, the other factors to be taken into account when considering whether to publish the name of a practitioner are set out in the Legal Complaints Review Officer Publication Guidelines.5 These are: (a) the extent to which publication would provide protection to the public including consumers of legal and conveyancing services; (b) the extent to which publication will enhance public confidence in the provision of legal and conveyancing services; (c) the impact of publication on t...

5. UC v YW LCRO 165/2013 (30 November 2016) [pdf, 261 KB]

   ...action, the Committee held that they did not. [23] The Committee went on to say that “unreasoned and/or intemperate comments may breach a lawyer’s obligations” under the Act and the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (rules).10 It gave as examples s 4(a) of the Act and rule 2 – both being concerned with upholding the rule of law and facilitating the administration of justice. The Committee held that whether comments were reasoned a...

6. Notes from Crown Maori Relations hui Whakatane 27 May 2018 [pdf, 435 KB]

   ...https://www.justice.govt.nz/maori-land-treaty/crown-maori-relations/initial-proposals-from-government/ Whakatāne Crown/Maori Relations engagement hui notes (27 May 2018) Page 2 of 4 would enable changes to occur and would be a better way to reflect the protection of water as a taonga under Article 2 of the Treaty of Waitangi. • Recognising the ‘power of tikanga’– A couple of speakers recommended that hau kāinga be resourced to teach hapū tikanga, which would assist...

7. Summary-Political-lobbying-meeting-Interest-groups-31-August-2023-Final-v2.pdf [pdf, 175 KB]

   ...17. Many attendees said New Zealand is one of the least corrupt countries globally and that we have a high trust environment. People have easy and quick access to decision makers. This was considered a strength about New Zealand that should be protected. We don’t have enough information on political lobbying harms in New Zealand 18. However, others noted that issues may be invisible because the nature of political lobbying means they are not easily discoverable. They thought that...

8. [2022] NZEnvC 053 G & T Family Trust v Western Bay of Plenty District Council [pdf, 257 KB]

   ...the classification of an “extreme case” required to displace the principle that costs are unlikely to be awarded where an appeal is resolved without a hearing. It considers that its conduct was far from unreasonable; rather, its process was careful and considered to ensure fairness, accuracy and transparency in its decision making. Accordingly, Ms Hill submits that the Council did not breach any duty in its conduct of the appeal, therefore an award of costs is not warranted....

9. 20240514-Oranga-Tamariki-Repeal-of-Section-7AA-Amendment-Bill [pdf, 181 KB]

   ...Oranga Tamariki interacts.10 18. Oranga Tamariki has made commitments to maintain all current Strategic Partnership Arrangements entered into and intends to continue to enter into new agreements to help tamariki and rangatahi to thrive in the care and protection of their whānau, hapū 6 Oranga Tamariki Act 1989, s 4(g). 7 Oranga Tamariki Act 1989, s 4(h). 8 Oranga Tamariki Act 1989, s 448B. 9 Waitangi Tribunal, The Oranga Tamariki (Section 7AA) Urgent Inquiry Report (Wai 3...

10. Morgan v ACC [2011] NZACA 2 [pdf, 188 KB]

    ...instance properly be granted in respect of obiter comment in a judgment: Albert v ARC/C unreported, France J, He Wellington, AP 287101, 15 October 2002; 3 Manufacturing unreported, Doogue J, HC Wellington, AP 266100, 6 July 2001; (iii) Care must be taken to avoid allowing issues of fact to be dressed up as questions of law; appeals on the former being proscribed: e.g. Northland Cooperative Dairy Co Limited v Rapana [1991J 1ERNZ 361, 363 (CA); (iv) Where an appeal is limite...