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1. BORA Judicial Matters Bill [pdf, 309 KB]

   ...removal in order to provide relevant information to Parliament or the Attorney-General when considering such questions. When necessary, this process is to be carried out by the Judicial Conduct Panel. • Provide for all Judges to be accorded the same protection of absolute personal immunity from suit as Court of Appeal and High Court Judges. • Provide for the Attorney-General, with the agreement of the relevant Chief or Principal Judge, to allow Judges to sit on a part-time basis....

2. Notes from Crown Maori Relations hui Palmerston North 21 May 2018 [pdf, 409 KB]

   ...the use of the term ‘Māori’ in Crown/Māori Relationships generalises Māori, ignores culture differences and dilutes the unique relationships that iwi have with the Crown providing sovereignty. Many speakers noted that the Crown needs to carefully consider if the relationship is with Māori or iwi. Some speakers also suggested that the relationship should be focused on mana whenua to address regional priorities and needs. The mana whenua relationship provides a community led...

3. Notes of Crown Maori Relations hui in Whangarei 8 April 2018 [pdf, 407 KB]

   ...the government’s agenda. • Support for Māori – Some hui participants suggested the Crown consider what support it can provide to marae. One speaker suggested the government could consider supporting insurance for Marae to assist people to protect their turangawaewae (and further noted that insurance is expensive). The Crown should assist Māori to move forward to develop own resources. • Te Reo – The Crown should protect te reo and encourage its use by public servants and...

4. Notes from Crown Maori Relations hui in Whangarei 8 April 2018 [pdf, 407 KB]

   ...the government’s agenda. • Support for Māori – Some hui participants suggested the Crown consider what support it can provide to marae. One speaker suggested the government could consider supporting insurance for Marae to assist people to protect their turangawaewae (and further noted that insurance is expensive). The Crown should assist Māori to move forward to develop own resources. • Te Reo – The Crown should protect te reo and encourage its use by public servants and...

5. Auckland Standards Committee 3 v Potter [2022] NZLCDT 36 (12 October 2022) [pdf, 103 KB]

   ...subjected to an order under s 242(1)(g)2 prohibiting him from practising on his own account until authorised by the Tribunal. When that order was made, it was stated that “this is a cautious response, which might not need to be long term, but is protective of the public in the meantime.”3 That order has not been discharged. It remains in force and is still required. [8] Those earlier suspensions arose from foolish defaults. On the first occasion, Mr Potter failed to enable r...

6. NZBORA Advice Customs Excise Arrival-Information Amendment Bill for publication [pdf, 188 KB]

   ...Section 25(c) of the Bill of Rights Act affirms that everyone who is charged with an offence has, in relation to the determination of the charge, the right to be presumed innocent until proved guilty according to law. 18. The purpose of s 25(c) is to protect the fundamental liberty and dignity of those accused of offences in light of the grave consequences a criminal charge and conviction may entail.3 19. To this end, the right to be presumed innocent includes three main components:...

7. Gollins Commercial Ltd v Registrar of the REAA [2016] NZREADT 16 [pdf, 154 KB]

   ...submitted that the applicant has never been prohibited or disqualified as a director of a company nor been permitted to be a director under conditions; and there is no matter in his past behaviour to prevent him trading as a real estate agent with the protection of a corporate structure. Mr Waymouth pointed out that if Mr Gollins is incorporated, a consumer can complain to the Authority in terms of the Act or the Real Estate Agents (Professional Conduct and Client Care) Rules 2012 and cou...

8. BORA Customs And Excise Amendment Bill [pdf, 419 KB]

   ...they have been processed under the Immigration Act and the Biosecurity Act, and detain persons for public health or law enforcement purposes. We have considered whether these powers are consistent with the right not to be arbitrarily detained, as protected by section 22 of the Bill of Rights Act. 8. Where an issue arises, a provision may nevertheless be consistent with the Bill of Rights Act if it can be considered a reasonable limit that is justifiable in terms of section 5 of that Ac...

9. [2023] NZREADT 1 - CAC 1904 v Bright (16 January 2023) [pdf, 129 KB]

   ...and salespersons: (b) raising industry standards: (c) providing accountability through a disciplinary process that is independent, transparent, and effective. [16] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:1 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish t...

10. [2023] NZREADT 24 - CAC 2103 v Lieven (21 August 2023) [pdf, 242 KB]

    ...and salespersons: (b) raising industry standards: (c) providing accountability through a disciplinary process that is independent, transparent, and effective. [32] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:3 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish th...