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1. BORA Electoral (Integrity) Amendment Bill [pdf, 419 KB]

   ...Accordingly, the question is whether the limitations are justified under s 5 BORA as "reasonable limits ... [that] can be demonstrably justified in a free and democratic society". 2.3 While it can be argued that the Bill does not sufficiently protect "legitimate dissent" by members in relation to the parties and so is BORA inconsistent, the better view, based on the Supreme Court's decision in Awatere Huata v Prebble [2005] 1 NZLR 289, is that the Bill is BORA con...

2. Greyling v Gimranov [2016] NZIACDT 55 (15 September 2016) [pdf, 216 KB]

   ...“inevitably, although not always, may lead to striking off”. In the present case, the form of “dishonesty” is being a party to a criminal breach of the Act, involving advising a client to deceive Immigration New Zealand. It is important to look carefully at whether rehabilitation is realistic. I have done so. [41] I am satisfied that if there is any prospect of rehabilitation it can only be after Mr Gimranov invests in gaining the knowledge to provide services at a standard much h...

3. Mark Brown (filed 6 June 2017) [pdf, 2.1 MB]

   ...reports saying the effects of the turbine on our landscape will be less than significant and will introduce a “new feature of interest” to it, 4 when the same people have argued, in the past, that nearby landscape features need to be protected from development. 15. In a resource consent application by Blueskin Projects, Mr More argued against houses being built on Potato Point because of the sensitivity of the site and the quality of the local landscape, (Proposed Potato P...

4. [2019] NZEnvC 133 Darby Planning Limited Partnership v Queenstown Lakes District Council [pdf, 25 MB]

   ...of the last six words of 3.1A.2, ie " ... and no hierarchy exists between them". ORC also recommends the addition of a provision to the effect that so-termed "enabling" sos are to be achieved "while also achieving" protective SOs;48 (e) QLDC supported the substance of the preliminary observations in the Conferencing Minute.49 It agreed that SOs and SPs are to be applied "in tandem" with other chapter objectives and policies, but "on a bas...

5. Review of the Delivery of Restorative Justice in Family Violence Cases by Providers funded by the Ministry of Justice [pdf, 602 KB]

   ...and the Police (n=9) referred family violence cases to restorative justice providers. • Most restorative justice providers (86%) required victim consent before a case went to a conference or panel. • Providers thought that particular care needed to be taken with the screening of referrals, pre- conference preparation, and conference facilitation in order for a restorative justice meeting to happen safely in family violence cases. • Providers said they worked appropriate...

6. [2018] NZEmpC 10 TKR Properties Ltd t/a Top Pub & Route 26 Bar and Grill v MacDonald [pdf, 162 KB]

   ...will be unable to meet an adverse award of costs. That must be taken as contemplating also that an order for substantial security may, in effect, prevent the plaintiff from pursuing the claim. An order having that effect should be made only after careful consideration and in a case in which the claim has little chance of success. Access to the courts for a genuine plaintiff is not lightly to be denied. [16] Of course, the interests of defendants also must be weighed. They must b...

7. BORA Video Camera Surveillance (Temporary Measures) Bill [pdf, 320 KB]

   ...free from unreasonable search and seizure, it is unnecessary to carry out a further analysis under s 5. If a search or seizure is unreasonable it cannot be justified. [4] • The Court of Appeal has said that the “touchstone” of s 21 is the protection of reasonable expectations of privacy: [5] • The main aim of s 21 of the Bill of Rights is to protect privacy interests. It is only where a person's reasonable expectations of privacy have been breached that a personal re...

8. BORA Business Law Reform Bill [pdf, 392 KB]

   ...the provision falls to be justified under section 5 of the Bill of Rights Act. 20. The different treatment of large companies is retained because these companies have a significant effect on the New Zealand economy. The provision is intended to protect New Zealand interests which could be supplanted by the broader interests of the company. This can be considered a significant and important objective. 21. The additional reporting requirements are intended protect New Zealand interests...

9. Napier v Registrar of Real Estate Agents Authority [2017] NZREADT 70 (27 Nov 2017) Ruling on prohibition of publication [pdf, 175 KB]

   ...interest, and the right for proceedings to be reported on. The Tribunal accepts the purposes of the Act as they are set out in s 3 of the Act, and we do not need to repeat them. The Tribunal is very aware that the purpose of the Act is to promote and protect the interests of consumers and to promote public confidence in the real estate agency industry. [4] It is also accepted that one of the functions [of] the Tribunal is, to put it shortly, to hold licensees to account. It is...

10. [2018] NZEnvC 158 Brown v Whangarei District Council [pdf, 3.5 MB]

    ...Rural (Urban Expansion) Environment ("RUEE"). [6] The Rural Area chapter describes the RCE, RVRE and RUEE: "The Rural Countryside Environment provides primarily for; the productive use and development of rural land and resources; the protection of ecological and landscape values; and the significant number of people who live in this Environment due to the existing subdivision and development pattern. Commercial and industrial land use and development is only provided for...