Search Results

1. N v K LCRO 9 / 2008 (3 February 2009) [pdf, 13 KB]

   ...to this office by the parties. Consideration [4] The applicants described the letter of 21 August from Lawyer K to be “groundless” and “outrageous” in a letter of 14 October 2008. [5] One of the fundamental duties of a lawyer is to protect and promote the interests of his or her client to the exclusion of the interests of third parties (Rule 6 Lawyers Conduct and Client Care Rules). [6] Balancing this obligation is Rule 12 which provides that “a lawyer must, when a...

2. BORA Tauranga Moana Iwi Collective Redress Bill [pdf, 279 KB]

   ...the right to bring civil proceedings against the Crown and have those heard according to law in the same way as civil proceedings between individuals. However, cl 15(3) affects the substantive law and does not fall within the ambit of s 27(3), which protects procedural rights. [1] Daniel Perkins Crown Counsel Disclaimer In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General...

3. LCRO Definitions [pdf, 103 KB]

   ...empowered to perform their professional duties. Standard of service Practitioners who provide regulated services must meet fundamental obligations: • to be independent • to act in accordance with all fiduciary duties and duties of care • to protect the interests of his or her clients. A legal practitioner must also uphold the rule of law and facilitate the administration of justice in New Zealand. Strike off To remove a lawyer from the Roll and effectively wit...

4. BORA Royal Succession Bill [pdf, 285 KB]

   ...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions....

5. BORA Animal Products (Dairy Products and Other Matters) Bill [pdf, 80 KB]

   ...search and seizure. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a “search or seizure”. Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are “unreasonable” in the circumstances. Power to examine 4. Section 88(1)(b)(i) of the Animal Products Act currently enables an animal product officer to remove documents or...

6. BORA Central North Island Forests Land Collective Settlement Bill [pdf, 274 KB]

   ...claims, the deed of settlement or the Bill itself. 4. That exclusion may constitute a limit on the right to seek judicial review affirmed by s 27(2) of the Bill of Rights Act, which 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." 5. The term "determination...

7. BORA Ethical Investment (Crown Financial Institutions) Bill [pdf, 292 KB]

   ...the Guardians of New Zealand Superannuation and the Accident Compensation Corporation respectively. We have considered whether the reporting requirements in cls 7, 11 and 15 limit the right not to be compelled to provide certain information as protected by s 14 of the Bill of Rights Act. For an activity to fall within freedom of expression, the activity must attempt to express an idea or meaning. [2] The information that needs to be disclosed under these clauses relates to the extent...

8. OWG v VJM [2012] NZIACDT 35 (29 June 2012) [pdf, 55 KB]

   ...comment on his professional practice. Mr VJM had consulted the judge in relation to professional issues, and Judge X knew many clients of Mr VJM. The 3 retired judge regarded Mr VJM as cautious in his practice, and that he would take care to consult and seek assistance in areas that were outside his experience and competence. The core of the complaint is that Mr VJM failed to do that in the present case. [14] In these circumstances I am satisfied the complaint should no...

9. BORA Crimes (Intimate Covert Filming) Amendment Bill [pdf, 288 KB]

   ...recording is made in good faith and is in relation to certain functions prescribed in the Bill (cl 3). Section 14 BORA Issue 7. These three new offences created by the Bill raise the issue of compliance with s 14 of the Bill of Rights. Section 14 protects the right to "freedom of expression, including the freedom to seek, receive and impart information and opinions of any kind and any form". 8. It is debateable whether criminalising intimate visual recording engages the Bill...

10. BORA Support for Children in Hardship Bill [pdf, 288 KB]

    ...inconsistent. 12. We understand from MSD there is flexibility in how the work obligations in the Bill will be applied to beneficiaries. Work availability obligations are to be balanced with consideration of employment suitability, exemptions, and protections. Conclusion 13. We have concluded the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. Tania Warburton Acting Chief Legal Counsel Office of Legal Counsel Disclaimer In a...