Search Results

1. BORA Canterbury Regional Council (ECan) Temporary Commissioners and Other Matters Bill [pdf, 228 KB]

   ...Rights Act affirms the right of every person to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person’s rights, obligations, or interests protected or recognised by law. The right to natural justice includes the right to be heard before a decision is made. Moratorium on Water Permits 7. Part 3 of the Bill empowers ECan to impose a moratorium on applications for permits...

2. 2 March 2020 Minister for Children [pdf, 145 KB]

   ...ENVIRONMENT COURT http://www.justice.govt.nz/courts/environment-court EC4240_NoticeOfSessionListOfParties SCHEDULE OF PROCEEDINGS Direct referral of a notice of requirement by the Minister of Children to alter designation 3800 "Care and Protection Residential Centre- Upper North" in the Auckland Unitary Plan 1. Minister for Children Requirement Direct To The Environment Court pursuant to Section 198 of the Resource Management Act 1991 Court R...

3. BORA Ngai Tāmanuhiri Claims Settlement Bill [pdf, 281 KB]

   ...culturally significant matters are provided to Ngāi Tamanuhiri by the Bill. These include participation in resource management and related decision-making affecting the areas with which Ngāi Tamanuhiri have a special association, and right of access to protected sites within Whareata Forest. Issue under sections 20 and 27(2) 3. The Bill provides in clause 13 that the settlement of the historical claims is final and excludes the jurisdiction of the courts, Tribunals or other judicial...

4. BORA Ngāruahine Claims Settlement Bill [pdf, 274 KB]

   ...proceedings against the Crown and have those heard according to law in the same way as civil proceedings between individuals. However, cl 24(3) affects the substantive law and does not fall within the ambit of s 27(3) of the Bill of Rights, which protects procedural rights. [4] Review of this advice 10. This advice has been reviewed in accordance with Crown Law protocol by Kristina Muller, Crown Counsel. Debra Harris Crown Counsel Disclaimer In addition to the genera...

5. 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...

6. 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...

7. 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...

8. 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....

9. 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...

10. 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...