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1. BORA Ngati Porou Claims Settlement Bill [pdf, 282 KB]

   ...Waitangi Tribunal over the historical claims and the settlement. This raises an issue about compliance with s 27(2) of the New Zealand Bill of Rights Act 1990. 5. That subsection provides: “Every person whose rights, obligations or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination.” 6. Legislative determination of a claim...

2. Auckland Standards Committee v Van der Zanden [2014] NZLCDT 54 [pdf, 78 KB]

   ...intentionally misleading or a completely reckless disregard of his professional obligations. We considered that the practitioner did not appreciate how serious the allegations (of prosecutorial misconduct) being made by him were, nor how much more careful he ought to have been in preparing a document for the Court of Appeal in the circumstances. In this respect his inexperience and lack of mentoring, as well as his sense of panic to 3 comply with time frames, provided som...

3. BORA Civil Union Bill [pdf, 272 KB]

   ...prohibit a civil union between two people who are within the prohibited degrees of consanguinity and to require the leave of the Family Court before two people within the prohibited degrees of affinity may enter a civil union. These measures are protections against the damage relationships between two people within the prohibited degrees of civil union may do to family structure, as is recognised in the general repugnance that society attaches to such relationships. The Bill does not l...

4. CA v XU LCRO 196 / 2010 (18 May 2011) - Publication Decision [pdf, 56 KB]

   LCRO 196/2010 CONCERNING an application for review pursuant to Section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the Waikato - Bay of Plenty Standards Committee 2 BETWEEN MS CA Applicant AND MR XU Respondent The names and identifying details of the parties in this decision have been changed. DECISION AS TO PUBLICATION [1] On 18 May 2011, I issued a decision on the substantive issues involved in thi

5. BORA Te Arawa Lakes Settlement Bill [pdf, 349 KB]

   ...as having breached the principles of the Treaty of Waitangi. 4. The vesting of the fee simple estate under clause 22 is subject to a number of qualifications. The Crown retains ownership of the water and airspace above the bed. There are various protections of recreational activities, existing structures and commercial activities, a category of "public utilities". 5. The Bill provides for other forms of "cultural redress". These include the issuing of "protocols...

6. CJARS Guide to Filing a Claim [pdf, 224 KB]

   ...victimised and suffered loss as a direct result of being called to give evidence in a criminal case that is punishable by imprisonment. A person in a close relationship to a witness, who is victimised and suffers material loss as a result of assisting or caring for the witness, may also seek compensation. The scheme offers a last resort for victims where no other source of assistance, relief or support exists. The scheme was established by Ministerial directive and administered by the...

7. BORA New Zealand Superannuation Amendment Bill [pdf, 157 KB]

   ...legislation falls to be justified under section 5 of the Bill of Rights Act. Clause 5, new section 84(3)(c) – Appointment of Commissioner 8. Clause 5, new section 83(3)(c) states that any person who is the subject of a specific order under the Protection of Personal and Property Rights Act 1988 ( the “PPPR Act”) is not able to be appointed as the Commissioner. Individuals who are subject to a specific order may have a disability potentially giving rise to a distinction on the...

8. BORA Waitaha Claims Settlement Bill [pdf, 286 KB]

   ...vesting of certain property freehold and subject to reserve status. It provides claimants with various associated rights in respect of culturally significant matters, including statutory acknowledgements and overlay classifications with associated protection principles and rights of consultation. Discrimination - Section 19 3. Although the Bill confers assets and interests on Waitaha that are not conferred on other people it does not, in my view, create a limit on the freedom from...

9. [2020] NZREADT 40 - Rozana Cachay Limited v Real Estate Agents Authority (7 September 2020) [pdf, 162 KB]

   ...The Committee’s decisions [4] In its substantive decision, the Committee found that the Agency had breached the provisions of the Act and Regulations, and had thereby breached r 5.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”). It rejected the Agency’s reliance on the solicitors’ emails in relation to the early release of funds. The Committee considered that the email chains, in which permission for early release of funds...

10. WD v NU & OT [2024] NZDT 38 (25 January 2024) [pdf, 129 KB]

    ...damage done by her cat? If so, Did WD’s cat damage NU’s couch? If so, can it be repaired? If not, what is the value of the loss? Was action taken to mitigate losses? 7. When living in a property belonging to another, the person must take care to ensure the property is not damaged. WD therefore had a responsibility to ensure her cat did not damage the house or furniture. 8. In the event of damage, WD could be liable to compensate the person suffering a loss. NU claimed she...