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1. Otago Standards Committee v Davidson [2012] NZLCDT 39 [pdf, 160 KB]

   ...hearing the Tribunal reserved its decision. This determination now records the Tribunal’s decision. Background [4] At a meeting on 1 July 2011, Ms Davidson had been instructed to prepare a revised will for Mrs J, who was in residential care. The instructions came from members of her family. [5] The changes proposed in Mrs J’s revised will did not involve substantive changes to the operative provisions of her former will. The revisions to her will provided for the re...

2. Sharing information safely: Summary of feedback [pdf, 370 KB]

   ...is safe and appropriate to do so. The Act provides clear authorisation for the sector to collect, use, request and share personal information for permitted purposes. It also clarifies that the sector has a duty to consider sharing if it may help protect a victim, or if it receives a request for information for a permitted purpose. Draft guidance on sharing personal information To assist the sector in implementing the new provisions, the Ministry of Justice developed three draft doc...

3. BORA Immigration Amendment Bill (No 2) [pdf, 328 KB]

   ...a person’s ability to claim asylum in New Zealand. If a person alleged they would be subject to torture or death if returned to their home country or country of origin they would still be entitled to make a claim for recognition as a refugee or protected person. Therefore, cls 35, 39 and 56 do not limit the rights affirmed by ss 8 and 9 of the Bill of Rights Act. Section 19 – Right to be free from discrimination 8.Section 19(1) of the Bill of Rights Act affirms the right to fre...

4. BORA Misuse of Drugs Amendment Bill [pdf, 171 KB]

   ...MOT:[2] "In the end an abridging inquiry under s 5 is a matter of weighing (1) the significance in the particular case of the values of the Bill of Rights Act; (2) the importance in the public interest of the intrusion on the particular right protected by the Bill of Rights Act; (3) the limits sought to be placed on the application of the [Bill of Rights] Act provision in the particular case; and (4) the effectiveness of the intrusion in protecting the interests put forward t...

5. Committee on the Elimination of All Forms of Racial Discrimination – summary record 18th-20th reports (continued) [pdf, 117 KB]

   ...alcohol and drug abuse, and ensuing mental disorders, were linked to the precarious living conditions of Maori. The by Maori for Maori organization helped community members to overcome their dependency by providing them with clinical and psychiatric care and by assisting them in finding employment. As a result of the claims settlement process, iwi were enjoying economic success. That was due to the existence of the Treaty of Waitangi, which established the rights of indigenous peoples...

6. WA & WB v North Islands Standards Committee LCRO 127 / 2012 (5 June 2013) [pdf, 96 KB]

   ...clients of [VXZ]. 14. The Committee noted there was nothing to suggest dishonesty on the part of the practitioners however there had been serious breaches of the legal requirements for the operation of lawyers’ trust accounts, which exist for the protection of clients and for the maintenance of public confidence in the legal profession. [11] It then made the following orders: In relation to Mr [WA] the Committee makes the following orders: a. That Mr [WA] be censured pursuant...

7. BW v DJ LCRO 9 / 2013 (20 September 2013) [pdf, 117 KB]

   ...BW had given. Further, counsel says DJ should not have advised BW to relinquish her directorship of the company, or her shareholding, until BW had been released from her guarantee, and BW cannot rely on an indemnity in the Agreement from DM to protect her financial position. 6 [25] DJ says that her instructions from BW at the time were to formalise the Agreement BW had negotiated with DM, and to extract BW from her liabilities to the company as quickly as possible. BW’s corr...

8. [2015] NZEnvC 218 Waiheke Marinas Ltd [pdf, 11 MB]

   ...the Council on 18 March 2013, at which time two elements of the proposal were of non-complying status, namely the need for a coastal permit for reclamation, and a land use consent to e:t:lable a boardwalk, landing and earthworks within the Coastal Protection Yard on an historic reserve. [17] The applicant argued that those two features of the proposal had been withdrawn, and that if the application was to be considered on a fully bundled basis (as agreed by the planners in their exper...

9. Complaints Assessment Comittee 404 v Hawkins [2017] NZREADT 16 [pdf, 214 KB]

   ...73(c)(iii) of the Real Estate Agents Act 2008 (“the Act”). The Committee alleges that he is guilty of disgraceful conduct (under s 73(a) of the Act) or wilful or reckless contravention of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”) (under s 73(c)(iii) of the Act) in respect of the purchase, marketing, and sale of lots in a subdivision of a property at Taihape Road, Okawa, Hastings (“the property”). In the alternative, the...

10. LCRO 121/2023 AI v HR (12 December 2023) [pdf, 218 KB]

    ...require their lawyers to obtain valuations of, or to advise them about the values of, the relationship property. 1 Separation and Relationship Property Agreement (6 March 2018) (the agreement). 3 [13] The agreement contained a further lawyer protection clause which read as follows: The parties hereby acknowledge and agree that in executing this Agreement they have not relied on the other parties (sic) legal advisers and they hereby cross indemnify the other party’s legal advis...