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1. Morpeth v Ramsey LCRO 110 / 2009 (12 November 2009) [pdf, 82 KB]

   ...intermediate category of conduct. [16] In undertaking this interpretative task it is proper to look both at the text of the legislation and its purpose (s 5 Interpretation Act 1999). A central purpose of the Lawyers and Conveyancers Act 2006 is to protect the consumers of legal services and conveyancing services (s 3). In seeking to attain that purpose s 3(2) proceeds to state that it intends to provide a more responsive regulatory regime in relation to lawyers and conveyancers. I a...

2. [2023] NZEnvC 277 Te Rūnanga o Ngāti Whātua v Auckland Council [pdf, 9.2 MB]

   ...MATTER of an application by Waste Management NZ Ltd for resource consents to construct and operate a new landfill at 1232 State Highway 1, Wayby Valley, Wellsford BETWEEN TE RŪNANGA O NGĀTI WHĀTUA (ENV-2021-AKL-076) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2021-AKL-078) DIRECTOR-GENERAL OF CONSERVATION (ENV-2021-AKL-079) FIGHT THE TIP: TIAKI TE WHENUA INCORPORATED (ENV-2021-AKL-082) NGĀTI WHĀTUA ŌRĀKEI & ENVIRONS HOLDINGS...

3. Kaupapa Maori Report [pdf, 1.7 MB]

   ...crime and safety experiences ........................................................................ 13 Figure 5 Māori children hospitalisation rates per 100,000 .................................................... 14 Figure 6 Māori children in care ............................................................................................... 14 Figure 7 Overview of ISR ......................................................................................................... 19...

4. BORA Criminal Justice Reform Bill [pdf, 398 KB]

   ...proposed nature of the sentencing guidelines (which are not intended to be as prescriptive or rigid as their United States counterparts) and the ability of the courts to depart from the guidelines in 'the interests of justice' provide sufficient protection to ensure criminal process rights are not breached in individual cases. 2.5 The power to require offenders to attend medical, psychological or therapeutic programmes can be exercised consistently with the right to refuse medic...

5. BIM-Justice-July-2023_FINAL.pdf [pdf, 2.2 MB]

   ...possibility of introducing a Bill before the election to address this issue. As the Parole Act 2002 is jointly administered, you would need to consent to any legislative changes. 39. There are significant human rights implications, which will need to be carefully considered. As soon as a way forward is agreed upon, we will provide advice on these issues. You have a role in progressing critical justice infrastructure decisions 40. Two critical infrastructure projects are approaching d...

6. Waikato Bay of Plenty Standards Committee v Parlane [2010] NZLCDT 8 [pdf, 184 KB]

   ...applied civil standard is not only a more straightforward one to apply to disciplinary proceedings. It is also a standard which has conceptual integrity… [116] …The flexible application of the civil standard will, however, give all due protection to persons who face such (professional disciplinary) proceedings. [117] That approach continues at present to be applied by occupational disciplinary bodies in Australia, Canada and Hong Kong. It has long been applied withou...

7. Wellington Standards Committee 2 v Mr K [2024] NZLCDT 18 (3 July 2024) [pdf, 322 KB]

   ...in person 2 DECISION OF THE TRIBUNAL RE LIABILITY Professional or personal? [1] Regulation and professional discipline of lawyers serve the purposes of the Lawyers and Conveyancers Act 2006 (LCA). Those purposes include protecting consumers, maintaining public confidence in the provision of legal services, and maintaining the status of the legal profession.1 The gravest standard of wrongdoing is called misconduct. A lawyer can be disciplined for misconduct...

8. LCRO 086/2017 AC v BD (15 November 2018) [pdf, 206 KB]

   ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [32] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that necess...

9. [2021] NZACC 105 - W v ACC (16 July 2021) [pdf, 384 KB]

   ...anomalous. It was not suggested otherwise before me. No Judge could frame common law duties in so inconsistently and erratic a fashion. Nor could insurers achieve such outcomes in an informed market. But cover under the Act is the product of careful and crystalline drafting by legislators. The meaning and effect of the statutory words in issue is quite clear. [39] Ryan v Accident Compensation Corporation16 was a case where the issue was whether Ms Ryan who was on unpaid l...

10. LCRO 118/2023 TC v GS (13 December 2023) [pdf, 213 KB]

    ...that he had apparently expressed. Relevantly, he recorded that: (a) the Firm had been instructed not to contact the applicant’s new lawyers and had respected that instruction; (b) the applicant’s allegation that the Firm that was “… scared that the Maori will be protesting you that’s why you hesitated to settle” was denied and the Firm was “… not sure who would be protesting about what”; (c) the applicant’s allegation that the Firm “… informed the bank manage...