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1. LCRO 89/2017 FZ v LS [pdf, 229 KB]

   ...publicity, expense and embarrassment is taken very seriously by the law in New Zealand. (d) He submitted that his response was accurate and appropriate. The law relating to enhanced and indemnity costs, defamation and blackmail were some of the protections provided against such conduct. (e) [Company A] was a professional practice entitled to protect its reputation. Mr FZ’s threats and statement that “I have nothing to lose except the time and effort but I would not say the s...

2. Canterbury Westland Standards Committee v Hemi [2013] NZLCDT 23 [pdf, 121 KB]

   ...At paragraph [48] however the Court had this to say: “We agree with the Tribunal that the appellant’s professional misconduct touched at the very heart of the relationship of trust between solicitor and client. It was serious misconduct. Protection of the public required that decisive protective steps were taken. But, on looking at the misconduct in isolation it was conceivable that a penalty less than striking off could have been imposed.” (Emphasis added). [22] The Court t...

3. Jain v CAC 20007 & Martin [2014] NZREADT 51 [pdf, 55 KB]

   ...that the decision to publish failed to appreciate that the 4 public interest and/or the deterrent aspect can be served by publishing the decision but omitting the name of the appellant. This, he submitted, does not undermine the consumer protection provisions because there is no suggestion in the Complaints Assessment Committee’s decision that the appellant was a risk to consumers. [9] Mr Spring also referred to the well known authority of Lewis v Wilson & Horton Limi...

4. OIA-120744.pdf [pdf, 1.6 MB]

   ...following provisions of the Act: • section 6(a) as making the information available would be likely to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand, • section 9(2)(a) to protect the privacy of natural persons, and • section 9(2)(f)(iv) to maintain the constitutional conventions that protect confidentiality of advice tendered by Ministers and officials. In withholding information under section 9, the Ministr...

5. LCRO 168/2017 AH v OS and VI (21 December 2018) [pdf, 218 KB]

   ...2017, Mr OS wrote to Mrs C. He referred to his telephone conversation with Mr T and confirmed that a new property enduring power of attorney in favour of two partners in the firm was in place. He informed Mrs C that Mrs HR was [Mr C’s] personal care and welfare attorney, and that Mr AH, Mrs HR and Mr T were named as executors in her will. [10] He stated that if her “confidence” in Mrs HR, who was signatory on Mrs C’s bank account, to “do the right thing” was “reduced...

6. Southland Standards Committee v Evans [2011] NZLCDT 38 [pdf, 129 KB]

   ...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. Tribunals are required to carefully consider alternatives to striking off a practitioner. If the purposes of imposing disciplinary sanctions can be achieved short of striking off then it is the lesser alternative that should be adopted as the proportionate...

7. Auckland Standards Committee v Yee [2015] NZLCDT 22 [pdf, 86 KB]

   ...the part of a lawyer, particularly when this involves the misuse of funds held on behalf of clients. [3] The solicitors trust account has long been regarded as “sacrosanct”.1 [4] The purpose of disciplinary proceedings are primarily for the protection of the public. “Closely allied to the protective object, professional discipline also aims to safeguard the reputation of the profession, which is more important than the fortunes of any individual member”. Dealing with it...

8. Statement of consent to appointment as welfare guardian - PPPR16 [pdf, 37 KB]

   r 410(1) Form PPPR 16 Statement of consent to appointment as welfare guardian Section 12(5)(d), Protection of Personal and Property Rights Act 1988 at ……………………………… [place] ……………………………………………………………………………………….. [full name] ……………………………………………………………………………………….. [address] ……………………...

9. O'Connell & Anor v Auckland Council & Ors [2013] NZWHT Auckland 7 [pdf, 294 KB]

   ...OR PROJECT MANAGEMENT? ....................................................................................................25 IS MR FRENCH RESPONSIBLE FOR ANY OF THE ESTABLISHED DEFECTS? .28 DOES MR TOEBOSCH PERSONALLY OWE THE CLAIMANTS A DUTY OF CARE? ...................................................................................................................29 WERE THE O'CONNELLS CONTRIBUTORILY NEGLIGENT? ..............................33 CONCLUSION ..............................

10. Guide for Policy and Legal Advisors

    ...are engaged by policy proposals How to determine whether a limitation on a right is justified What if a limitation is unjustified? 1. What the Bill of Rights Act does The purpose of the Bill of Rights Act The Bill of Rights Act aims: to affirm, protect, and promote human rights and fundamental freedoms in New Zealand; and to affirm New Zealand’s commitment to the International Covenant on Civil and Political Rights. The Bill of Rights Act focuses on civil and political rights. Other...

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