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1. BORA Building Amendment Bill (No 4) [pdf, 304 KB]

   ...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney- General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions....

2. 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....

3. 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...

4. 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...

5. 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...

6. 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...

7. 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:...

8. [2011] NZEmpC 13 Carter Holt Harvey Ltd v EBIIWU [pdf, 118 KB]

   ...affect the work carried out by the saw doctors. Bargaining was then put on hold and a consultation process began regarding the possibility of fully outsourcing the saw doctor functions. [6] An important side issue arose as to whether the employment protection provisions in the expired collective agreement, which governed the terms and conditions of employment of the second defendants, complied with the relevant provisions of the Employment Relations Act 2000 (the Act) and, if not,...

9. Legal aid for civil family disputes - Tongan [pdf, 850 KB]

   ...ma‘u atu ha tokoni fakalao ‘i he kahau´. ‘E ‘ikai fiema‘u ke ke totongi fakafoki ‘a ho‘o tokoni fakalao´ kapau na‘e ngāue‘aki ki he: • ngaahi tu‘utu‘uni malu‘i fakalao ki he houtamaki ‘i ‘api´ (domestic violence protection orders) • ni‘ihi kuo fokotu‘u atu ko ha tokotaha mahaki (proposed patient) ‘i ha keisi fakalao ‘i he malumalu ‘o e Mental Health (Compulsory Assessment and Treatment) Act 1992 • ni‘ihi kuo fokotu‘u atu ko ha mahaki...

10. McCarthy & Anor v CAC 20007 & Anor [2014] NZREADT 94 [pdf, 53 KB]

    ...he did not make any recommendation about due diligence and in any event such a general recommendation would not advise the appellants of the significant potential risk of mining. [13] Mr Galloway for the second respondent emphasised the lack of care that the appellants took in the purchase and their [attempt to] minimise their knowledge of the Waihi area. [14] Evidence was given to the Tribunal of the disclosure statement that Wrightsons now required agents to provide to anyone inte...