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1. 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...

2. International Covenant on Civil and Political Rights - government reply to issues 6th report [pdf, 624 KB]

   ...The Treaty of Waitangi and the Waitangi Tribunal ............................................................. 31 Incarceration rates of Māori ................................................................................................. 32 Protection of the rights of children (Issues twenty-two to twenty-three) ................................ 35 Child abuse ........................................................................................................................... 35...

3. RQ & Anor v MZ LCRO 127 / 2011 (2 October 2012) [pdf, 108 KB]

   ...all parties. The agreement was never carried out nor honoured in the spirit in which it was entered into.” [21] These statements indicate that RQ and RR consider that MZ had a legal and moral obligation to ensure their interests were protected, and to ameliorate the poor 6 relationship that existed between them and RS. In adopting this view they disregard the fact that MZ acted for the Trust and that his duties and obligations extended primarily to the Trust....

4. MFAT report Human Rights in NZ 2010 [pdf, 4.7 MB]

   ...978-0-478-34985-0 – Printed 978-0-478-34988-7 – PDF 1 Te Kähui Tika Tangata is the korowai or cloak of the Human Rights Commission. Te kähui embraces those who gather together under the kaupapa of human rights and symbolises both their protective role and the Commission’s role in promoting them. Tika tangata refers to our human rights and responsibilities, suggesting the highest imperatives of respect and conduct. The design of the Commission’s logo derives from t...

5. Auckland Waikato and Eastern Fish and Game Councils [pdf, 504 KB]

   ...The decision-maker is required to have regard to the Sports Fish and Game Management Plans to the extent that they have a bearing on the resource management issues of the Region (section 66(2)(c)(i) of the Act), and to have particular regard to the protection of the habitat of trout (section 7); 3 7.4. The provisions the subject of this appeal do not adequately protect the habitat requirements of the Region’s sports fisheries, or provide for the compulsory value of ecosys...

6. [2022] NZIACDT 20 - XZ v Liu (10 August 2022) [pdf, 206 KB]

   ...advised the complainant that he could return. The complainant returned to New Zealand on 6 November 2020 and resumed work on 9 November. Decision of the Tribunal [8] The Tribunal found that Mr Liu was not diligent and did not exercise due care in advising the complainant that he could not return to New Zealand. It was regarded as an honest mistake and a momentary lapse in concentration. However, a reasonable, prudent and diligent practitioner would not have given such advice....

7. Immigration New Zealand (Carley) v De'Ath [2019] NZIACDT 1 (10 Jan 2019) [pdf, 220 KB]

   ...applicants.1 Each of the applicants had engaged Mr De’Ath’s company to obtain employment in New Zealand and then to pursue an immigration application on their behalf. Once the applicant arrived in the country, the company provided pastoral care services. [3] Mr De’Ath’s business model had relied on unlicensed people in the Philippines dealing directly with the applicants on immigration matters. It appeared to the Tribunal that those people were from a different Philippi...

8. LD v Review of prosecutorial decision LCRO 15/2015 (15 June 2015) [pdf, 168 KB]

   ...be considered by the Lawyers and Conveyancers Disciplinary Tribunal” (the Tribunal). [2] A confidential report was made to the New Zealand Law Society (NZLS) pursuant to rule 2.8 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules). The Committee considered the report appeared to indicate that there may have been misconduct or unsatisfactory conduct on Mr LD’s part, and commenced an investigation of its own motion pursuant to s 130(c) of...

9. [2022] NZIACDT 22 - SU v Murthy (Sanctions) (29 August 2022) [pdf, 202 KB]

   ...considerable time on their matters. Decision of the Tribunal [13] The Tribunal found: (1) The late filing of the assessment application was a breach of Ms Murthy’s obligation in cl 1 of the Code to conduct her work with diligence and due care. (2) Ms Murthy did not have a written contract for the work visa application, in breach of cl 18(a). (3) Ms Murthy failed to confirm in writing to the complainant the termination of her services in relation to the work visa, in bre...

10. Family Court Rewrite Submission - Te Putahitanga [pdf, 552 KB]

    ...suggests, we reflect the convergence of the rivers of Te Waipounamu, bringing sustenance to the people and reflecting the partnership’s founding principle of whanaungatanga. GENERAL COMMENTS The overrepresentation of tamariki Māori in State care continues to increase in Aotearoa with current child protection methods appearing to marginalise the most disadvantaged1. For many whānau, the fear and distrust of the welfare and justice system has significant impacts on parenting, on the...