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1. 31 August Legal Aid News [pdf, 547 KB]

   ...regular communication from Legal Aid Services on all matters related to legal aid. Legal Aid News is generally published in the last week of every month. In this issue ... Three fixed fees that may be claimed incorrectly Determining merit in Protection of Personal Property Rights Act 1988 applications Queries Three fixed fees that may be claimed incorrectly A recent internal review identified more clarity is required on the following fixed fees: Specialist reports The...

2. BORA Copyright (New Technologies And Performers' Rights) Amendment Bill [pdf, 278 KB]

   ...way that meets society’s needs. The purpose of the Bill is to clarify the application of existing rights and exceptions in the digital environment (taking account of international developments) without changing the existing balance between protection and access. 3. We consider that the Bill appears to be consistent with the Bill of Rights Act. The Courts have recognised that copyright laws do place constraints on the right to freedom of expression contained in section 14 of the Bi...

3. BORA Raukawa Claims Settlement Bill [pdf, 279 KB]

   ...that addresses specified historical claims brought by Raukawa no other person could be said to be in comparable circumstances to those who are to receive entitlements under the Bill. 4.Clause 100 of the Bill reserves a special right of access to protected sites on Crown forest land transferred to Raukawa as part of the settlement. This right of access applies to Māori for whom the protected site is of special cultural, historical, or spiritual significance. It is conceivable that thi...

4. BORA Whanganui Iwi (Wanganui Prison and Northern Part of Wanganui Forest) On-account Settlement Bill [pdf, 272 KB]

   ...Forest to Whanganui Iwi (should that transfer occur). Clause 8(1) applies those provisions in that Act that relate to the transfer of commercial redress properties and clause 8(2) applies those provisions that confer a right of access across land to protected sites on "Maori for whom the protected site is of special spiritual, cultural, or historical significance". 4. Although the Bill confers entitlements on Whanganui Iwi and certain other Maori which are not conferred on othe...

5. BORA Future Directions (Working for Families) Bill [pdf, 217 KB]

   ...provides: Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person's rights, obligations, or interests protected or recognised by law. 20. A limit on a right can be justified where it meets a significant and important objective, and where there is a rational and proportionate connection between the limitation on the right and that objective....

6. LCRO 26/2019 ET v CG (29 January 2021) [pdf, 194 KB]

   ...[1] Mr ET has applied for a review of the determination by [AREA] Standards Committee [X] to take no further action in respect of his complaint about Mr CG. Background [2] Mr ET had separated from his former partner, Ms YO. [3] A temporary Protection Order had been issued by the court against Ms YO, which, inter alia, stipulated that “… she must not … without the protected person’s express consent, enter or remain on any land or building occupied by any protected person�...

7. LCRO 246/2016 AS v NL (25 June 2019) [pdf, 170 KB]

   ...critical that the 2 Committee did not make an award of compensation in her favour and asks this Office to do so. Background [5] Ms NL practises as a barrister. [6] In July 2014, Ms AS instructed Ms NL to act for her to obtain a temporary protection order against Ms AS’s former partner. [7] On 13 July 2014, Ms AS paid $2,000 directly into Ms NL’s bank account, as requested by Ms NL. [8] On 17 July 2014, the Family Court granted Ms AS’s application for a temporary pr...

8. Acting Chief Executive of the Ministry for Culture and Heritage - Taonga Tūturu found at Kerikeri (2015) 106 Taitokerau MB 210 (106 TTK 210) [pdf, 279 KB]

   ...the taonga are in an advanced state of degradation. She says: 4 Ideally these taonga should be stored/displayed in fairly strict environmental conditions, with a relative humidity (RH) of 55% and temperature of 20 c . If this is not possible care should be taken to avoid rapid and/or wide fluctuations in temperature and RH [and] care should be taken to ensure that the artefacts are covered at all times to avoid dust accumulation. The Proceedings and the Parties [7] The proce...

9. Appointment as representative [pdf, 246 KB]

   ...name)   apply  Without notice  or   On notice for an Order appointing me as representative of (full name of child to be represented)  the child, on the grounds that – (all boxes must apply) A. the child is eligible to apply for a Protection Order, and/or a Property Order B. I am an adult. I am not incapcitated, and there is unlikely to be any conflict between my interests and the interests of the child. PAGE 4Application for appointment as representativeV1 June 20...

10. Dixon v Dixon [pdf, 75 KB]

    ...unflashed parapet. Therefore, AHI say that there was no defect in the workmanship of Harvey Roofing. 23. The assessor has recommended, in relation to the roof, that the roofline be extended to form eaves and barge end overhangs to provide eaves protection and to accommodate a new cladding system a 20 mm minimum drained cavity with building wrap and insulation quilt to framing voids. This remediation work is not evidence of poor roofing workmanship but other failures, such as design...