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1. LCRO 100/2021 QT v Righteous Law Ltd (21 June 2022) [pdf, 252 KB]

   ...would have occurred? Question 3 – Whether Righteous Law Limited’s conduct in completing settlement without obtaining an undertaking or a guaranteed search prior to settlement amounts to a failure to act competently consistent with the duty of care? 18 Beech Cove Properties Ltd v Reps Ltd (2010) 11 NZCPR 601 (HC). 19 At [45]. 20 At [64]. 21 BF’s opinion (9 September 2021). 11 [47] Without in any way diminishing the value of Mr BF’s opinion, the questions aske...

2. Bay of Plenty Regional Council Submissions - 29 November 2017 [pdf, 492 KB]

   ...Ranginui lwi Incorporation (Ngati Ranginui). 3. Each appeal has at its heart the relationship between tangata whenua and their taonga, culture and traditions, and how the PRCEP should recognise and provide for those matters. This issue has both a protection and an enablement facet, which might be summarised as: (a) Recognition, restoration, and protection of cultural taonga and values to enable the exercise of kaitiakitanga over the rohe moana (or parts of it); and (b) Enabling...

3. Key initiatives

   ...20,000 people, so that by December 2029 no more than 165,000 New Zealanders fall victim to assault, robbery, or sexual assault. Adoption Law Reform The Government is reforming our adoption laws. The aim of the reform is to create a new system that protects the rights, best interests and welfare of children, upholds our Tiriti o Waitangi obligations, and upholds our international human rights obligations. We want to put tamariki, our children, at the heart of our adoption laws. Alcohol and O...

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   1. Justice sector & policy

4. 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...

5. 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...

6. 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...

7. 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

8. 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...

9. 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...

10. 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...