Search Results

1. NZCVS Cycle 2 (2018 – 19) Key Findings [pdf, 1.5 MB]

   Disclaimer 1. While all care and diligence has been taken in processing, analysing, and extracting data and information for this publication, the Ministry of Justice gives no warranty that it is error free and will not be liable for any loss or damage suffered by the use directly, or indirectly, of the information in this publication. 2. This report contains highly aggregated data. No identifiable personal data are included in the report. 3. Estimates ar

2. Tapiki and Eru v New Zealand Parole Board (Strike-Out Application) [2017] NZHRRT 41 [pdf, 172 KB]

   ...(other than the offender). [11] It is the position of Ms Tapiki and Ms Eru, that in terms of s 50(2), they are person(s) other than the offender and the disclosure of their address unduly interfered with their privacy. The Parole Board could have protected their privacy and withheld their address pursuant to s 50(2) but did not. [12] In reply, the Parole Board reiterated that s 50 required the release of Mr Dolman’s release conditions (including his address) and reiterated that th...

3. [2008] NZEmpC AC 35/08 Webb v New Zealand Tramways and Public Passengers Transport Union Inc [pdf, 30 KB]

   ...of trust and confidence in the union by Messrs Webb and Carrucan despite the significant victories they have had in challenging its conduct of its affairs. [19] Mr Carrucan appeared unwilling to accept that the union will now be very careful to comply with its legal obligations as an incorporated society following a detailed and public criticism of it by the Authority which has upheld many of Mr Webb’s claims against his union. One answer to Mr Carrucan’s stated fear...

4. CB v DS LCRO 61/2017 [pdf, 91 KB]

   ...Ms H, who had been in a relationship with Mrs CB’s son W for eight years or more. W was named as registered proprietor on the title to 1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 2 property at Papamoa Beach. Mrs CB contends W had no beneficial interest, was only registered on the title to the property and was a bare trustee.2 On that basis Mrs CB says Ms H had no right to claim any interest in...

5. CT v XD LCRO 218 / 2010 (10 June 2011) [pdf, 88 KB]

   ...progress of the case was limited, although his counsel refers to a plethora of telephone conversations. [5] At some stage between 5 March 2009 and 29 May 2009, the Respondent ceased his association with CU and the Applicant’s file was in the care of other lawyers engaged by CU. [6] The Applicant’s claim was unsuccessful following a ruling by the Employment Relations Authority that the Applicant was not an employee and a costs order was made against him. [7] The Applicant a...

6. ED v VV LCRO 229 / 2010 (15 June 2011) - Costs Decision [pdf, 104 KB]

   ...against a lay person, it must be remembered that the scheme of the complaints procedure, is to enhance the rights of consumers to complain about the conduct of lawyers. The inclusion of the concept of unsatisfactory conduct has introduced a consumer protection element into the disciplinary process that did not previously exist. [15] Those rights are extended to the right to seek a review of decisions by the Standards Committees. In this regard, it is important to recognise that thi...

7. BORA Public Transport Management Bill [pdf, 256 KB]

   ...standard of the balance of probabilities would be convicted. We consider, therefore, that where the defendant is required to prove something in order to escape liability, the use of strict liability offences is contrary to the presumption of innocence protection contained by section 25(c) of the Bill of Rights Act. Strict Liability Offences in the Bill 8 The Bill contains the following strict liability offences: • Clause 46 (operating an unregistered commercial public transport se...

8. BORA Drug and Alcohol Testing of Community-based Offenders and Bailees Legislation Bill [pdf, 297 KB]

   ...which a particular search is conducted will be subject to scrutiny under s 21 of the Bill of Rights Act. The power to make a rule conferring an entitlement to make a search does not authorise searches that would be unreasonable and thus, infringe protected rights 5. Therefore, Police and Corrections may only exercise the power to conduct testing and monitoring in a manner that is compliant with s 21 and will need to consider the individual’s rights when determining whether to search...

9. Notes from Crown Maori Relations hui Waikato 28 April 2018 [pdf, 439 KB]

   ...responding to broader social issues. • Agencies – A few speakers suggested that government agencies must meet the Government’s Crown/Māori relationship objectives. • Stability – One speaker indicated that the government needed to be careful to ensure that it doesn’t compromise the existing systems and mechanisms in place supporting our whānau and communities. Strengthen what is working well and offset the negative features. Examples of positive systems were Māori eco...

10. BORA Taxation (Annual Rates, GST, Trans-Tasman Imputation and Miscellaneous Provision) Bill [pdf, 49 KB]

    ...resources and individual investors in these arrangements can be exposed to unexpected interest and penalties on any resulting unpaid tax. By providing greater certainty as to the application of tax laws, the proposed new subpart is expected to increase protection for taxpayers from avoidable shortfall penalties and interest. 16. The proposed new subpart ES treats taxpayers in a marital relationship differently from other taxpayers in order to recognise the financial interdependence bet...