Search Results

1. Privacy-Act-2020-Indirect-notification-obligation-April-2023-Cabinet-paper_FINAL.pdf [pdf, 2.7 MB]

   ...greater compliance obligations. However, this risk needs to be 4 See the High Court judicial review proceedings in Te Pou Matakana vs Attorney-General [2021] NZHC 3319 [6 December 2021]. I N C O N F I D E N C E 9 I N C O N F I D E N C E carefully monitored and minimised as much as possible by ensuring agencies have appropriate guidance. Population implications Women, children and disabled people 50. Information sharing under other legislative regimes which protect th...

2. LCRO 182/2017 TP v ZN (14 September 2020) [pdf, 414 KB]

   ...document itself prominently refers to the arrangement between [Firm B] and Mrs ZN as being a “Partnership [Programme]”. 3 [15] Several days after he lodged the proceedings, Mr TP provided Mrs ZN with what is generally known as client care information, spread across three different documents. This included information about Mr TP’s fees. I discuss that material in more detail later in my decision. [16] Between 2014 and 2016 there were unsuccessful attempts by Mrs ZN and...

3. Supplementary Regulatory Impact Statement: Extending the duration limit of Police safety orders [pdf, 667 KB]

   ...address the behaviour of the person subject to the PSO (the bound person) by removing them from the scene for up to five days • people at risk (victims) with time and space to seek support and consider any long-term safety arrangements (e.g. protection orders). The time it takes for victims to put in place safety arrangements following a family violence incident can exceed the duration limit of PSOs. The lack of safety arrangements following a PSO expiring puts victims at greater...

4. Revill v Registrar of REAA [2011] NZREADT 41 [pdf, 125 KB]

   ...drug offences when well over the age of 40. 5 We agree with Mr Hodge that it cannot be said that these were offences committed as an immature youth. Oral Evidence to this Tribunal [23] The applicant gave evidence before us and was carefully cross-examined by Mr Hodge as were a number of witnesses called in support of the applicant. All that evidence can be summarised in the following manner. [24] From about three years ago, the applicant has been in a relationship...

5. Mr G v REAA Registrar [2013] NZREADT 15 [pdf, 66 KB]

   ...the judgment of the Court is made in the interests of the community, having regard for the profession. This principle is equally applicable to licensing decisions under the Act. The purpose of the consumer-focussed Act is to: “promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work.” (refer s.3 of the Act). For consumers, real estate transactions are o...

6. Shropshire v March LCRO 64 / 2010 (28 October 2010) [pdf, 100 KB]

   ...responses of the parties, the Standards Committee determined, pursuant to section 152(2)(c) of the Lawyers and Conveyancers Act 2006 (the Act), to take no further action with regard to the complaint. The Committee perceived the Conduct and Client Care Rules relevant to the complaint were 2.3, 5, 6, 10, 12, 13 and 13.3. [2] The Applicant sought a review of the Committee‟s decision on the basis that the “Standards Committee erred in fact and in law”. He particularly chall...

7. XL v BF LCRO 04 / 2012 (19 July 2013) [pdf, 103 KB]

   ...legal fees far in excess of what she believed the legal work would cost and that Mr BF had not properly advised her how she would be billed. She also complained that Mr BF failed to undertake the legal work in a manner that was timely and also protected her interests, leading to her paying expenses that would otherwise have been avoided. Mr BF’s response [4] Mr BF stated that there were a number of difficulties that were faced in trying to complete the transaction. These incl...

8. Regulatory Impact Statement: Order of Inquiries to determine fitness to stand trial under the Criminal Procedure (Mentally Impaired Persons) Act 2003 [pdf, 600 KB]

   ...to the standard criminal trial process. If unfit, the court must consider the most suitable method of dealing with the defendant. The possible outcomes for the defendant under the Act are detention in a hospital or secure facility, compulsory care or treatment, or immediate release. 5. Any participant in the case (including the judge or the prosecutor) can raise the issue of fitness to stand trial. In practice, it is most likely to be raised by the defendant or their lawyer. O...

9. Template-Comprehensive-Whanau-Trust-Order-Final-Version-30-June-2020.doc [doc, 101 KB]

   ...you may use for your whānau trust. The actual content of the trust order may differ depending on your circumstances and you may customise this example to best fit any terms of trust you have set for your trust. 2. You should read through each clause carefully and alter, amend or delete where appropriate to suit your circumstances. 3. Please note that this example is intended to provide you with general information only. The Ministry of Justice makes no warranty, express or implied, nor assum...

10. LCRO 144/2018 BG v NH (26 May 2020) [pdf, 140 KB]

    ...subsequently (invoiced 12 June 2017 – date of payment unclear). [47] The majority (if not all) of his fee had therefore been paid in advance of his appearances in Court for Mr BG on 24 March and 29 June. [48] One of the purposes of the rule is to protect client funds. This is achieved by virtue of the fact a solicitor has a trust account. A barrister does not and so any money paid by Mr BG in advance of services being provided was unprotected. [49] Whether or not Mr BG was aware...