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1. LCRO 170/2020 KLM Limited v ND (30 March 2021) [pdf, 276 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. [27] 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...

2. LCRO 53/2020 YJ v GK (22 April 2021) [pdf, 280 KB]

   ...Mr GK had acted for ABCD and Mr YJ personally where there was a conflict, or risk of conflict, between his interests and those of his clients. [47] The Committee considered whether or not there had been a breach of r 5 of the Conduct and Client Care Rules13 which requires a lawyer to be free of compromising loyalties or interests. [48] The Committee noted that Mr GK was not acting for Mr YJ in his personal capacity when preparing the shareholders’ agreement and the constitution...

3. Proactive-release-Legal-Services-Amendment-Bill_FINAL.pdf [pdf, 1.8 MB]

   ...funding for section 27 Released in Part. reports Some information has been withheld in Cabinet paper accordance with sections 9(2)(h) of OIA to Ministry of Justice maintain legal professional privilege, 9(2)(f)(iv) to Meeting date: 13 December 2023 protect confidentiality of advice tendered by Ministers and officials, and s 6(2)(a) to protect international relation. 2. Removing taxpayer funding for section 27 Released in full. reports Cabinet 100-Day Plan Committee Minute [100-23...

4. Directory of Official Information P-R [pdf, 997 KB]

   ...a substantial and damaging effect on the environment and report to the House • undertake and encourage the collection and dissemination of information relating to the environment • encourage preventive measures and remedial actions for the protection of the environment. The Commissioner can obtain information, protect the confidentiality of that information where appropriate, report findings, and make recommendations. However, the Commissioner does not have the power to make any...

5. Song v CAC 20008 & Clement [2014] NZREADT 54 [pdf, 55 KB]

   ...Monday afternoon who told him there should not be a problem in getting a new title, which was simply an updating of the old title. Their lawyer then told him and his wife that they could cancel the contract in terms of clauses inserted for their protection by the Licensee. Because the appellant and his wife liked the house, were first home buyers, very much needed the accommodation, and had spent money on a builders report, they decided to continue and defer settlement until the title w...

6. CAC v Hughes and Hape, CAC v Hughes and Lal [2016] NZREADT 57 [pdf, 336 KB]

   ...of Sentencing [22] The Tribunal must consider four matters when considering imposition of a penalty as set out in Real Estate Agents Authority v Lum-on [2012] NZREADT 47. [23] A penalty must fulfil the following functions. They are: [a] Protecting the public Section 3 of the Real Estate Agents Act provides that this is one of the purposes of the Act. [b] Maintenance of professional standards This was emphasised in Taylor v The General Medical Council and Dentice...

7. Mark Brown (filed 6 June 2017) [pdf, 2.1 MB]

   ...metres high over this estuary, a 110m tower on a 400m hill. The visual impact will be considerable in the immediate area. I believe there is absolutely no doubt that Porteous Hill is well within the coastal environment and therefore deserves the protection that other coastal features such as headlands have been given. 14. I am confused by the BEL landscape architects’ reports saying the effects of the turbine on our landscape will be less than significant and will introduce a “n...

8. BORA Electoral (Integrity) Amendment Bill [pdf, 419 KB]

   ...Accordingly, the question is whether the limitations are justified under s 5 BORA as "reasonable limits ... [that] can be demonstrably justified in a free and democratic society". 2.3 While it can be argued that the Bill does not sufficiently protect "legitimate dissent" by members in relation to the parties and so is BORA inconsistent, the better view, based on the Supreme Court's decision in Awatere Huata v Prebble [2005] 1 NZLR 289, is that the Bill is BORA con...

9. [2015] NZEmpC 59 Bracewell v Richmond Services Limited [pdf, 146 KB]

   ...release this 2 Richmond Services Ltd v Bracewell [2013] NZERA Auckland 481. 3 Bracewell v Richmond Services Ltd [2014] NZCA 629. information, it would do so since it was necessary to protect Client A from further abuse of her privacy. This step would be taken pursuant to r 11(2)(h)(i) of the Health Information Privacy Code 1994. As a result, I directed the Bay of Plenty DHB to file an affidavit from a person who had kno...

10. [2018] NZEnvC 035 The Wellington Company Ltd v Save Erskine College Trust [pdf, 7.9 MB]

    ...conditions to HNZPT, a delegation accepted by HNZPT. TWCL supports this and encourages SECT also to delegate its enforcement role . As TWCL recognises the Court cannot order that SECT delegate its enforcement role as given that SECT remains the Heritage Protection Authority. However, we are mindful that the conditions do need to be enforceable and we are minded not to stand in the way of possible future delegation to HNZPT should that body agree. 21WCL memorandum 2 March 2018 at [6]...