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1. U v F LCRO 26 / 2009 (6 April 2009) [pdf, 17 KB]

   ...strong terms. They threaten an action for damages against Complainant U should his actions damage the business of Lawyer F’s company and also indicate injunctive proceedings may be taken. The final paragraph of the letter states “we urge you to carefully consider the contents of this letter before taking any of the actions against Lawyer F’s company you describe in your correspondence”. That appears to refer to statements in an email of 18 May in which Complainant U indicat...

2. Taranaki Standards Committee v Flitcroft [2010] NZLCDT 36 [pdf, 176 KB]

   ...needs to be emphasised at this stage that on all occasions there was no element of personal gain. Mr Flitcroft’s sole motive in completing the forgeries was to enable the various transactions to take place. In pointing this out his counsel was careful not to minimise the seriousness of the misconduct. Mr Flitcroft accepts unreservedly that his actions constituted a serious lapse of judgment on his part and accepts sole responsibility. [8] The hearing on penalty included a dispu...

3. EJ v UQ Ltd [2015] NZDT 834 (29 September 2015) [pdf, 91 KB]

   ...If so; what is recoverable on that failure? Did the services provided by UQ Ltd fail? [5] The law of contract and the Consumer Guarantees Act 1993 applies. By law UQ Ltd must perform its services (warranty repair work) with reasonable skill and care and the product of its service must be of acceptable quality, fit for purpose and durable. The test is objective. Where a failure is capable of remedy then a consumer may require the supplier in trade to remedy the failure and if they d...

4. BORA Identity Information Confirmation Bill [pdf, 314 KB]

   ...unions. In order to use the service, an agency will need to have entered into an agreement with the chief executive of the Department of Internal Affairs or the Registrar General of Births, Deaths and Marriages, or both. The service is designed to protect the privacy of personal information. CONSISTENCY WITH SECTION 19(1) OF THE BILL OF RIGHTS ACT 5. We have considered the potential impact of the Bill on the transgender community. This community encompasses a diverse range of people...

5. BORA Legal Services Amendment Bill [pdf, 286 KB]

   ...are not New Zealand citizens or permanent residents for the purpose of immigration proceedings, whether the applicant is present in New Zealand or not. 8. We note that there is an issue as to whether the BORA applies extra-territorially to provide protection to persons not present in New Zealand. However, it is unnecessary to reach a conclusion on that issue as we consider that even if this limitation on the availability of legal aid were prima facie discriminatory under s 19 of the BORA...

6. BORA Energy Safety Review Bill [pdf, 145 KB]

   ...and seizure. There are two limits to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a “search or seizure”. Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are “unreasonable” in the circumstances. Entry and Inspection powers 6. Clause 12 of the Bill repeals and amends Parts 9 to 12 of the Electricity Act. The new section 81 of the Ac...

7. Notes from Crown Maori Relations hui Whakatane 27 May 2018 [pdf, 435 KB]

   ...of shared values which need to be agreed. • Trust – A couple of speakers indicated that trust and confidence need to be re-built. One speaker noted that the negative statistics reflect Māori lives and “it seems the government does not care because Māori keep suffering, nothing changes”. • Partnership - A few speakers supported that the relationship is meant to be based on a partnership. One speaker offered the ‘waka hourua model’ which reflected the two taha (Ngāi...

8. Family Court Rewrite Submission - NZ Nurses Association [pdf, 307 KB]

   ...the opportunity for whānau based counselling sessions. 24. What types of therapeutic intervention would be useful in complex cases? As health professionals, we see the benefit of nurses and health workers (mental health nurses, primary health care nurses and community health workers) providing support to families and whānau who are accessing the Family and Whānau Court. We agree with proactive measures that would allow Judges to direct parties for psychological or psychiatric asse...

9. LCRO 162/2019 SD, JK and DZ v RE (5 May 2020) [pdf, 92 KB]

   ...fundamentally the same as the earlier iterations, but on different dates. As counsel appearing before the Court, Mr RE had obligations to the Court and to the administration of justice. As the Court of Appeal put it, the purpose of r 13.5.3 was not to protect the applicants’ interests.3 When the conduct occurred, the applicants were not, and had not been for quite some time, Mr RE’s clients. [14] That is significant. Although any person may make a complaint about the conduct...

10. [2019] NZEmpC 146 Alkazaz v Asparona Ltd [pdf, 220 KB]

    ...4 Quality Consumables Ltd v Hannah (No 2) [2017] NZEmpC 155 at [12]. 5 McLachlan v MEL Network Ltd [2002] 16 PRNZ 747 (CA) at [15]-[16]. is not to be lightly denied. Against that, defendants are entitled to be protected against being drawn into unjustified litigation, particularly where it is over complicated and unnecessarily protracted. In the overall balance which the Court must consider, the issue of the likely merits of the claims also needs t