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1. BORA Protected Objects Amendment Bill 2004 [pdf, 104 KB]

   7 December 2004 Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: PROTECTED OBJECTS AMENDMENT BILL 2004 1. We have considered whether the Protected Objects Amendment Bill 2004 (PCO 5669/31) (“the Bill”) is consistent with the New Zealand Bill of Rights Act 1990 (the “Bill of Rights Act”). We understand that the Bill is to be considered by the Cabinet Legislation Committee on 9 December 2004. 2. The Bill raises a prima facie iss...

2. [2018] NZSSAA 16 (26 March 2018) [pdf, 93 KB]

   ...Wellington, on 12 March 2018 Appearances The Appellant in person Mr R Signal for the Chief Executive of the Ministry of Social Development DECISION Preliminary [1] This case concerns the situation where a grandparent is the day-to-day caregiver for her grandchildren. The appellant’s concern is that she needs a greater level of financial assistance to provide the care that the children require. Her concerns have been further heightened by the differing level of as...

3. Family Violence Summit 2017 summary report [pdf, 922 KB]

   ...controlled by them and can make more life enhancing choices.’ Some said people needed greater access to legal advice, particularly about how to give evidence and the consequences of not responding to a summons. One submitter said that the longevity of Protection Orders should be addressed by public consultation. FA M IL Y V IO LE N CE S U M M IT 2 01 7 6 KAUPAPA MĀORI WHĀNAU- CENTRED APPROACHES The strongest themes emerging from the written submissions and the work...

4. [2022] NZEnvC 214 Palmerston City Council [pdf, 335 KB]

   ...provide for additional housing supply in Palmerston North City through rezoning a new greenfield growth area for residential development in Aokautere, with a local business zone, and an integrated open space network delivered through utilisation and protection of the surrounding gully network. 1 The Council says that an order that PCG has immediate legal effect upon the issue of a Court decision will avoid the purpose and strategy underpinning the plan change being undermined betwee...

5. Leaders Real Estate (1987) Limited v CAC20008 & Anor [2015] NZREADT 41 [pdf, 155 KB]

   ...essence of the initial complaint against the applicant was that it was using a listing agreement form that was unnecessarily onerous and harsh in its terms and in the breach of Rule 9.12 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009. That Rule reads: “9.12 An agent must not impose conditions on a client through an agency agreement that are not reasonably necessary to protect the interests of the agent.” [4] In particular, it is put that the appli...

6. Waikato Bay of Plenty Standards Committee 1 v H [2013] NZLCDT 7 (18 March 2013) [pdf, 222 KB]

   ...handover some two days per week. We did not consider that in the circumstances that took sufficient account of the serious nature of this offending, albeit largely unintentional. It did not fit with the submission that there is no element of public protection arising because the practitioner had permanently retired. Furthermore we do not consider it reflected well on his firm to effectively have continued (particularly acting for the developer client), as if nothing untoward had...

7. [2018] NZLCDT 10 Wellington Standards Committee 2 v Hay [pdf, 170 KB]

   ...mitigating features, aggravating features, including prior disciplinary matters, before finally assessing the least restrictive intervention, having regard to the purposes of imposing penalty. [5] Its particular and distinctive function, which is protective rather than punitive, is reflected in the account taken of a number of factors: the lesser attention given to personal factors relating to the practitioner; and the importance attributed to both

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

   ...exercised for collateral purposes unrelated to the objectives of the statute in question (and therefore an abuse of process); (c) exercised in a discriminatory manner; (d) exercised capriciously, in bad faith, or with malice. [41] I have given careful consideration to whether the conduct in question was manifestly acceptable. Mr LD says he did nothing wrong. He may be correct. If proven against him, however, the conduct alleged could not be described as manifestly acceptable,...

9. 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...

10. [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....