Ministry of Justice

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1. BORA Public Health Bill [pdf, 617 KB]

   ...of the issues raised under the Bill of Rights Act and notes, where relevant, the justificatory material in each instance. SUMMARY OF THE BILL OF RIGHTS ACT ISSUES 6. The Bill updates the public health legislative regime to improve, promote and protect public health and help attain optimal and equitable health outcomes for all population groups in New Zealand. Section 8 – Right not to be deprived of life 7. The Bill sets out the powers and procedures for setting priorities and c...

2. Gupta v Dhar [2016] NZIACDT 65 (4 October 2016) [pdf, 208 KB]

   ...information. [2] The Registrar raised three potential grounds of complaint: [2.1] Mr Dhar did not have a written agreement for providing the professional services; [2.2] He did not prepare the work and residence visa applications with adequate care; and [2.3] He did not keep proper records. [3] Mr Dhar did not dispute the essential facts. However, he said the complainant was not a client so he did not need a written agreement, he did take care with the applications and some of...

3. UY v Bunbury LCRO 17 / 2012 (4 March 2013) [pdf, 147 KB]

   ...including a share sale and purchase agreement together with his resignation as a director and other incidental documents. All documents had been prepared by Dr Bunbury. Mr UY did not sign these as he was concerned that they did not adequately protect his position or provide appropriate indemnities from Messrs VC and UZ. [15] Early in the new year, Mr VC withdrew from negotiations and Mr UZ proposed that Mr VB would then take over the company. By that stage, Mr UZ had informed Mr...

4. Moko Sayviah RANGITOHERIRI (CSU-2015-ROT-000302) [pdf, 2 MB]

   ...graphic detail a wide range of injuries that this three-year-old boy suffered. The injuries are horrific, the child has suffered considerably and eventually the child has died as a result of the injuries received. (b) A man and a woman acting as caregivers were charged with very serious crimes for ill­ treating this child including murder. They have now pleaded guilty to manslaughter and ill-treating a child. They have been remanded in custody and will appear for sentencing on June 27...

5. LCRO 382/2013 SC v JT (30 June 2017) [pdf, 193 KB]

   ...determination, has been to: (a) Consider all of the available material afresh, including the Committee’s decision; and (b) Provide an independent opinion based on those materials. Analysis [24] Mr KL filed written submissions at hearing, and carefully took me through each of the submissions. [25] Before addressing those submissions, I turn briefly to aspects of the Committee decision, and the conduct rules engaged by this review. [26] Careful reading of that decision give...

6. TG v NP LCRO 190 / 2011 (1 February 2013) [pdf, 139 KB]

   ...NP appropriately invoiced CCC for fees owing and CCC paid her the $99.42 remaining in the trust account. The Committee considered that CCC was obliged to make this payment, both under the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 and in accordance with TG’s instruction that it be used to pay such fees. It concluded that there was no evidence of wrongdoing on the part of NP or CCC. Failure to provide obligatory information This complaint refers t...

7. Keven Investments Limited v Arthur [2011] NZWHT Auckland 45 [pdf, 135 KB]

   ................................. 15 Clearance between base of cladding and balcony surfaces ..................... 16 Conclusion ................................................................................................ 18 DOES MR SIMPSON OWE KEVEN A DUTY OF CARE ............................. 18 INTRODUCTION [1] In June 2007 Keven Investments Limited (Keven) bought a property at 38 Wakelin Road, Beachlands from Philip and Roberta Montgomery and Brian Bramwell....

8. Hay v Dodds [pdf, 235 KB]

   ...at the roof parapets. In his view the vertical end faces of all parapets abutting roofs needed to be flashed with galvanised steel folded flashings, and the cut ends of the roofing needed to be folded to discharge water, with over-flashings to protect the adjacent surfaces. 5.4.2 The WHRS Assessor visited the property after the remedial work had been completed. He reviewed the photographs that had been taken by the Owners and all the relevant documentations. In his view ther...

9. E80 Karen Wilson - EIC - Te Ākitai Waiohua [pdf, 921 KB]

   ...1 Marsden, Rev M and Henare, Te A “Kaitiakitanga, A Definitive Introduction to the Holistic World View of the Māori” (paper presented, November 1992). 2392 TU-447097-3-1335-V4:TKB 5 informs sustainable management, the protection of natural resources and careful monitoring and safeguarding of the environment. 30. Te Ākitai Waiohua welcomes any opportunity to exercise their right to act as kaitiaki and to facilitate sustainable development. 31. In the con...

10. IB v QY LCRO 242 / 2010 (10 February 2012) [pdf, 86 KB]

    ...have been affected or influenced by that 3 allegation. It was said that the Practitioner ‘took a position’ in relation to the advice he gave, and that his representation of his clients was, or could have been, affected by concerns to protect the interests of the firm. Standards Committee enquiry [11] The New Zealand Law Society investigated the complaints and its decision sets out the background in some detail which I have considered necessary to restate here. It...