Search Results

1. 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...

2. 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...

3. Muraahi v Phillips Rangitoto Tuhua 55B1B and 55B1A2 Manu Ariki Marae [2013] Māori Appellate Court 528 (2013 APPEAL 528) [pdf, 266 KB]

   ...Deputy Chief Judge C L Fox Judge G D Carter Judge D J Ambler Appearances: Ms T Wara for the Appellants P Jefferies and H Putaranui for the Second Respondent Judgment: 14 November 2013 RESERVED JUDGMENT OF DEPUTY CHIEF JUDGE CAREN FOX AND JUDGE GLENDYN CARTER OF THE MĀORI APPELLATE COURT Copies to: T Wara, Aurere Law, P O Box 1693 Rotorua 3040, DX JP30025, admin@aurere.com T Phillips, P O Box 425, Taumarunui 3946 P Jefferies, O’Sheas, P O Box 460, Hamilto

4. 2014 to 2018 Ministry of Justice statement of intent [pdf, 2.4 MB]

   ...a year. Achieving this has required a different model of sector leadership and a real focus on results. In the past couple of years drinking laws have been tightened to curb alcohol‑related harm and other laws are in progress that will help to protect the public from individuals who cause a lot of harm. We are strengthening our response to serious offending like child pornography and tackling newly emerging crimes such as cyber‑bullying. Progressing these reforms is key to continu...

5. [2017] NZEmpC 94 Crimson Consulting Ltd v Berry [pdf, 268 KB]

   ...what the Supreme Court appeared to regard as being central, namely whether the making of a non-publication order was really necessary to secure the proper administration of justice. [48] He argued that commercially sensitive information should be protected only if publication would cause obvious commercial harm; the evidence did not cross that threshold in the present case. Embarrassment was not enough. [49] If the Court considered there were potentially damaging allegations in...

6. [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...

7. LCRO 2011 Annual Report [pdf, 919 KB]

   ...conflict ‘event’ (discovery of the access problem) arose about 10 days prior to the scheduled settlement. The Practitioner ought then to have recognised that a conflict existed, and taken steps to ensure that the interests of both parties were protected. There was sufficient time to have arranged for the parties to have obtained independent legal advice as to their positions, and to have reached a basis for settlement. [23] There is no evidence to indicate that the Practitioner...

8. 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...

9. 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...

10. Auckland Standards Committee 1 v Fendall [2018] NZLCDT 26 [pdf, 349 KB]

    ...DECISION OF TRIBUNAL ON LIABILITY Introduction [1] This decision records our considerations after a hearing where the issues were whether the practitioner, Ms Fendall, made false declarations to her insurer, intentionally, recklessly or carelessly. Such was relevant to the level of culpability, which, at the conclusion of the hearing, we found to be misconduct. [2] The practitioner had been charged in the alternative with the three available levels of culpability1 and h...