Search Results

1. [2023] NZIACDT 15 - TC v MacLeod (1 May 2023) [pdf, 136 KB]

   ...complainant and his family. It incorporated a business plan (BP). Immigration New Zealand (Immigration NZ) declined the residence visa on 29 September 2016 as it was not satisfied the business was trading profitably. An appeal to the Immigration and Protection Tribunal was declined on 13 July 2017. [8] On 17 January 2019, a second entrepreneur residence application was filed on behalf of the complainant and his family. Immigration NZ sent a letter to Mr MacLeod on 30 September...

2. LCRO 189/2015 ZA v YB [pdf, 262 KB]

   ...consideration as to whether it is appropriate to order a penalty, I refer to the guidance provided by the Disciplinary Tribunal which has stated that the”:26 predominant purposes [of orders] are to advance the public interest (which include ‘protection of the public’), to maintain professional standards, to impose sanctions on a practitioner for breach of his/her duties and to provide scope for rehabilitation in appropriate cases

3. BORA Environmental Protection Authority (Protection of the Environment) Amendment Bill [pdf, 188 KB]

   Environmental Protection Authority (Protection of the Environment) Amendment Bill 25 March 2015 Hon Christopher Finlayson QC, Attorney-General Consistency with the New Zealand Bill of Rights Act 1990: Environmental Protection Authority (Protection of the Environment) Amendment Bill Purpose 1. We have considered whether the Environmental Protection Authority (Protection of the Environment) Amendment Bill ('the Bill') is consistent with the rights and freedoms affirmed in...

4. International Covenant on Civil and Political Rights - 3rd report [pdf, 96 KB]

   ...Relations Amendment Act 1989 because it gave rise to difficulties identified in New Zealand’s most recent report to the Committee on the Elimination of Racial Discrimination (see CERD/C/184/Add.5, para. 14). The Human Rights Act 1993 contains a more carefully drafted provision attempting to avoid these difficulties. In particular, the new section 61 provides that it is not essential that words be used in a "public place", if the user knew or ought to have known that the words were r...

5. [2025] NZLCDT 12 Auckland Standards Committee 4 v O'Boyle (10 March 2025) [pdf, 203 KB]

   ...decision should give adequate reasons for determinations. The decision we deliver to the parties intends to do so. However, for the copy available to the public, we have chosen to redact many portions, whether sentences or paragraphs. We do so to protect the privacy of Ms O’Boyle and members of her family in respect of evidence, and our comments and findings, that go beyond what should be shared publicly. In some of the resultant gaps, we offer an indicative note; in others it i...

6. VH Ltd v KI [2024] NZDT 386 (24 June 2024) [pdf, 97 KB]

   ...the risk for what happened in this situation and that KI is not liable for the sum he paid to the hacker. Factors I have considered in reaching this decision included the following: a) As a business dealing with the public, VH Ltd has a duty of care to be aware of BEC fraud and to take precautions against it and to warn its customers. This duty arises out of s28 of the Consumer Guarantees Act 1993 (CGA), which states that where services are supplied to a consumer there is a guarantee...

7. OIA-109706-v2.pdf [pdf, 6.4 MB]

   ...including both in FDR and the in-court system through a lawyer for the child, specialist reports, and the judicial meeting. The purpose of this report is to identify best practices for children’s participation in decision making relating to their care, provide advice on where current practice differs from best practice, and propose improvements that could be made to child participation practices within the context of Care of Children Act (COCA) and FDR proceedings. Out of scope o...

8. McMeeken and Anor v CAC306 & Ors [2015] NZREADT 79 [pdf, 224 KB]

   ...in accordance with the client’s instructions unless to do so would be contrary to law.” [43] The above rules are general and must be balanced against one other. The Real Estate Agents Act 2008 and the Rules are designed to provide consumer protection. Fair disclosure to assist consumers in making informed decisions is an important part of that protection. [44] The Act places a positive obligation on agents to be “open, honest, accountable and to ensure that nobody is misled or...

9. Family Court review: case file sample [pdf, 373 KB]

   Reviewing the Family Court Case File Sample September 2011 www.justice.govt.nz SX10088, Wellington 6140, New Zealand Overview The Ministry of Justice, in collaboration with the judiciary and court staff reviewed a sample of Care of Children Act 2004 (CoCA) and Property (Relationships) Act 1976 (PRA) cases to help inform the Review.1 The cases selected were not intended to be representative of all cases involving applications made under these Acts but, instead, provide...

10. Decisions-about-special-patient-leave-and-change-of-legal-status.pdf [pdf, 6.1 MB]

    ...legislation to repeal and replace the Mental Health Act [SWC-22-MIN-0234, SWC-23-MIN-0096]. 4. Under current legislation, the Minister of Health has a decision-making role in relation to special patients. These are people who enter compulsory mental health care through the criminal justice system. 5. Cabinet agreed that new mental health legislation should shift decisions relating to special patients from the Minister of Health to an appropriately independent body, with the independent...