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1. Name suppression processes for victims of sexual violence [pdf, 493 KB]

   ...linked. The law presumes that victims of interpersonal crimes want their names suppressed.1 Section 201 of the Criminal Procedure Act 2011 provides for automatic suppression of a defendant’s identity in incest-related cases with the stated purpose of protecting the complainant. Section 203 in turn provides for automatic suppression of the complainant’s identity in all sexual offence cases (including incest).2 However, some victims believe some offenders use the excuse of ‘protecting’ t...

2. International Covenant on Civil and Political Rights - summary record 4th report [pdf, 51 KB]

   ...appeal in those proceedings had been to clarify the circumstances under which refugee status claimants could properly be detained under the Convention relating to the Status of Refugees and New Zealand law, including the BORA, which affirmed the rights protected under the Covenant as part of New Zealand domestic law. All agencies of the Government were required to act in accordance with the BORA. 23. As far as the human rights of those extradited from New Zealand were concerned, he sai...

3. [2021] NZEnvC 192 Northport Limited v Whangarei District Council [pdf, 1.5 MB]

   ...adaptation to any future changes to the port operation, the CMA occupied space and the range of activities. It is difficult to see that there is any current difficulty for Northport beyond ensuring they minimise noise and the possible need to carefully examine the activities that may occur if Berth 4 is constructed to ensure that they do not exceed the night time limits. Nevertheless, we are not satisfied that there is any clear evidence that increased noise levels must occur....

4. Complaints Management Policy [pdf, 624 KB]

   ...becomes aware of a complaint and notifies the provider, the Ministry expects that the provider will promptly respond to the complaint. The timeframes are detailed below. References: • Lawyers and Conveyancers Act (Lawyers: Conduct and Participant Care) Rules 2008, rule 8.4 • Legal Aid Provider Contract • Privacy Act 2020, section 22 • Official Information Act 1982 Complaint sources Complaints about provider conduct may arise from a number of sources, including the follow...

5. Legal Aid Complaints Management Policy [pdf, 633 KB]

   ...becomes aware of a complaint and notifies the provider, the Ministry expects that the provider will promptly respond to the complaint. The timeframes are detailed below. References: • Lawyers and Conveyancers Act (Lawyers: Conduct and Participant Care) Rules 2008, rule 8.4 • Legal Aid Provider Contract • Privacy Act 2020, section 22 • Official Information Act 1982 Complaint sources Complaints about provider conduct may arise from a number of sources, including the follow...

6. [2022] NZIACDT 27 - ZK v Li (8 November 2022) [pdf, 212 KB]

   ...Failing to recognise that the complainant’s remuneration did not meet immigration instructions and the residence visa application was likely to have little or no hope of success. Breaches of the Code (2) Failing to exercise diligence and due care in not discussing concerns about the remuneration with the complainant prior to lodging the residence visa application, in breach of cl 1. (3) Failing to advise the complainant that in his opinion the residence visa application ha...

7. [2012] NZEmpC 179 Drader v Chief Executive of the Ministry of Social Development [pdf, 189 KB]

   ...were entirely out of character. [84] I reject Mr Quarrie’s submission that the defendant ought to have been aware of this and to have enquired into it, for the reasons I have given. Also there is evidence that Mr MacPherson did try, in a very caring manner, to ascertain the true reasons for the plaintiff’s actions. He did this on 14 February 2011 without success and without obtaining any clues that might have given him pause to consider whether the plaintiff was traumatised o...

8. S B v Atia [2018] NZIACDT 4 (19 February 2018) [pdf, 310 KB]

   ...receiving immigration services from a lawyer has a fiduciary relationship, and does not have that when receiving the same services from a licensed immigration adviser. Section 3 of the Act provides the purpose of the Act is “to promote and protect the interests of consumers receiving immigration advice”; that is a purpose it does achieve by demanding professionalism from licensed immigration advisers. [41] The Sims case concerned whether a transaction was valid given a breach...

9. Harris & Ors as Trustees of the Estuary Trust v Veltman [2010] NZWHT Auckland 19 [pdf, 231 KB]

   ............................................................................................. 36 Summary in relation to Quantum ................................................................... 37 DID THE OPPORTUNITY FOR INTERMEDIATE INSPECTION NEGATE THE IMPOSITION OF A DUTY OF CARE ................................................................ 38 THE LIABILITY OF KIM VELTMAN .................................................................. 45 DOES MR CHAPMAN OWE THE CLAIMANTS A DU...

10. Independent Electoral Review Final Report Accessible word doc [docx, 9.5 MB]

    ...administered, are of fundamental importance to our electoral system and democracy. We have focused on how to make voting more accessible and improve voter participation. Voter eligibility The right of citizens to vote is a fundamental right, recognised and protected by international and domestic law. Any limit on that right must be reasonable and justified. We recommend lowering the voting age to 16. Having reviewed the evidence, we are confident that 16-year-olds are just as capable of making...