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1. BORA Non-Bank Deposit Takers Bill [pdf, 362 KB]

   ...correspondence or otherwise. There are two limbs to the s 21 right. First, s 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, s 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. The Bill contains several clauses relevant to “a search or seizure”: • cls 46 and 47 allow the Bank to require informatio...

2. Goher v Hammadieh [2016] NZIACDT 1 (14 January 2016) [pdf, 184 KB]

   ...standards of conduct are maintained in the occupation concerned. [11] When imposing sanctions those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [11.1] Protecting the public: Section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [11.2] Demanding minimum standards of conduct: Dentice v Valuers Registrat...

3. Justice Matters - issue 06 - March 2017 [pdf, 1.5 MB]

   ...Warren. Family Focus Rotorua and Barnardos have been contracted to deliver the service in Rotorua and Whanganui, respectively, until the end of February 2018. It is a free service that is initially available in cases where the Family Court has imposed protective conditions on a Parenting Order under section 51 or section 48 of the Care of Children Act 2004. The parties may be referred to the service at the discretion of the court. The pilot is part of the Ministerial Work Programme on...

4. BORA Marine and Coastal Area (Takutai Moana) Bill [pdf, 408 KB]

   ...provided under the Bill and, further, has indicated that exclusion of public access is thought unnecessary by at least some Māori representatives. 11. The stated purposes of the Bill are (cl 4(1)): 11.1 To establish a durable scheme to ensure the protection of the legitimate interests of all New Zealanders within the common marine and coastal area; 11.2 To recognise the mana tuku iho of Māori within the area; 11.3 To provide for the exercise of customary interests within t...

5. 2021-11-17 ORC - Closing Legal Submissions - PC8 - primary sector hearing [pdf, 153 KB]

   ...Irrigation Company Limited; (i) New Zealand Deer Farmers Association; (j) New Zealand Pork Industry Board; (k) Ngāi tahu ki Murihiku; (l) Otago Fish and Game Council and the Central South Island Fish and Game Council; (m) Pomahaka Water Care Group; (n) Ravensdown Limited; (o) Royal Forest and Bird Protection Society of New Zealand Incorporated; and (p) Te Rūnanga o Moeraki, Kāti Huirapa Rūnaka ki Puketeraki, Te Rūnanga o Ōtākou and Hokonui Rūnanga (Kai Tahu ki Otag...

6. [2018] NZEnvC 117 Sabatier Family Trust v Auckland Council [pdf, 460 KB]

   ...Sabatier in its reply to costs, dated 6 July 2018, at [30). ~ 5 Sabatier, reply to costs, dated 6 July at [7]. ,J W ~. , ,'Ii ~t), ~ j/ .~~ vi' ) ---. .. -"~.-, .~<:: ... / (()/lflT 01; . / 4 [10} Sabatier cites Titirangi Protection Group Inc & Ors v Watercare Services Ltd [2018} NZHC 1026 in support of a proposition that it is unjust to award costs where there has been a denial of a right to participate under the Act, when its participation would other...

7. Cutaran-Tanggaan v Earnshaw [2012] NZIACDT 61 (28 September 2012) [pdf, 81 KB]

   ...complained that Ms Earnshaw’s conduct has breached her duties under clause 1.1 of the Licensed Immigration Advisers Code of Conduct (developed pursuant to section 37 of the Immigration Advisers Licensing Act 2007; see www.iaa.govt.nz), which requires due care, diligence, respect and professionalism; and further, that she was negligent, lacked capacity, was incompetent, dishonest, and misleading. Each of these is a basis for upholding a complaint under section 44 of the Act. [18] In...

8. BORA Unsolicited Electronic Messages Bill [pdf, 332 KB]

   ...or to provide particular information.[3] The right extends to political and religious expression as well as commercial speech (such as advertising).[4] Overseas case law suggests, however, that not all forms of expression are equally deserving of protection and commercial speech is considered to reside within the periphery of the right.[5] The Courts have taken the view that commercial expression is of less importance than political or religious expression and consequently limitations on...

9. Ikbarieh v Hammadieh [2014] NZIACDT 111 (13 October 2014) [pdf, 385 KB]

   ...document, but drafted a new contract and attempted to charge $720 for doing so. [6] The Tribunal upheld the complaint on three grounds: [6.1] Mr Hammadieh delivered defective advice on the complainant’s immigration prospects, and did so without the care, diligence and professionalism required by clause 1.1(a) of the Licensed Immigration Advisers Code of Conduct 2010 (the Code); [6.2] He also breached the requirement to set out fees and obtain an agreement in writing as required by c...

10. LCRO 65/2017 IR v NW and EN (18 April 2019) [pdf, 155 KB]

    ...referred to a principle articulated by Cook J in Allied Finance and Investments Ltd v Haddow & Co [1983] NZLR 22 (CA): …the relationship between two solicitors acting for their respective clients does not normally of itself impose a duty of care on one solicitor to the client of the other. Normally the relationship is not sufficiently proximate. Each solicitor is entitled to expect that the other party will look to his own solicitor for advice and protection. 3 Hence,...