Search Results

1. BORA Border Security Bill [pdf, 72 KB]

   ...personal information, it impinges upon reasonable expectations of privacy in relation to that information which members of the public, and travel industry operators, would have. There is, therefore, a prima facie infringement of s 21 BORA, which protects everyone against unreasonable search or seizure. Information in relation to craft and goods 10. To the extent that the new provisions allow Customs authorities wide access to information held by travel industry operators about craft an...

2. [2019] NZEnvC 109 Ngati Pukenga ki Pakikaikutu v Heritage NZ Pouhere Taonga [pdf, 6.8 MB]

   ...century which has resulted in the destruction of many archaeological and other sites of significance to them. 4 [8] As for this Site, Mr Parata claims that it has special significance to him and that he has been entrusted by his kuia with its protection. Further, Dr Des Kahotea, an archaeologist and anthropologist who was called by Ngati Pukenga to give evidence, considers that the Site includes an archaeological platform. [9] While Heritage NZ and Ms Scott acknowledge that the...

3. Victims of crime in the adult criminal justice system: a stocktake of the literature [pdf, 1.1 MB]

   ...instruments have been developed and implemented in some jurisdictions around the world. They are variously referred to as Victims’ Rights Acts, Charters, Codes of Practice, Protocols or Guidelines. These constitute the main state response aimed at protecting victims’ rights and achieving adequate standards of care. • Victims’ rights provisions accommodated in New Zealand’s legislation are consistent with international best practice, with further reforms being proposed. However...

4. [2015] NZEmpC 17 ALLWAZE Designs Ltd v Cawthorne [pdf, 112 KB]

   ...unable to meet an adverse award of costs. That must be taken as contemplating also that an order for substantial security may, in effect, prevent the plaintiff from pursuing the claim. An order having that the effect should be made only after careful consideration and in a case in which the claim has little chance of success. Access to the Courts for a genuine plaintiff is not lightly to be denied. [16] Of course, the interests of defendants must also be weighed. They must be...

5. O v I [2018] NZIACDT 23 (18 June 2018) [pdf, 231 KB]

   ...varied, but duties of competence, application of skill, honesty, disclosure and propriety are shared by a wide range of professionals. Immigration advisers have much in common with other professionals. Section 3 of the Act affirms it is intended to protect the interests of consumers receiving immigration advice, which corresponds to the duties other professionals have to the public engaging their services. [24] In a professional disciplinary setting, it is generally necessary to...

6. LCRO 195/2016 AJR v BKT (29 October 2018) [pdf, 159 KB]

   ...flash drives. However, assuming “some of the documents held on the hard drives may arguably relate solely to other persons”, the problem remained: how to identify and delete information that did not form part of the companies’ records so as to protect the information of concern to Mr AJR. 2 [REDACTED] 3 [11] Throughout the course of the liquidator’s proceedings against Mr AJR and others, correspondence was exchanged betwe...

7. LCRO 18/2017 LK v NM [pdf, 233 KB]

   ...(j) he is entitled to compensation for loss, including the costs paid to the opposing party. The hearing [22] Both parties and counsel attended a hearing on 15 February 2018 in Auckland. Mr NM had the assistance of an interpreter. [23] I have carefully read the parties’ submissions, the Committee file, and the Committee decision. I have also had the benefit of hearing extensively from the parties and of having opportunity to traverse the issues raised on review with them. Natu...

8. Otago Standards Committee v Klinkert [2014] NZLCDT 60 [pdf, 85 KB]

   ...Sorensen v New Zealand Law Society (Auckland Standards Committee No. 2) in support of that submission. 7 “Despite the seriousness of the Appellant’s misconduct, I am satisfied that a lesser penalty than an order to strike off is sufficient to protect the public in the future. The Appellant’s lack of disciplinary history and the evidence contained in the references indicate that this was a “one off” incident.” where the High Court held at [43] that: Counsel said furth...

9. TX v NE LCRO 03 / 2012 (18 February 2013) [pdf, 121 KB]

   ...be some doubt as to the competence of an elderly person and this review concerns the question of what is the appropriate course of conduct for a lawyer faced with such uncertainty. Regrettably conflict between family members in respect of the care and protection of elderly members of the family is not uncommon. At the root of this complaint is the conflict between ND and the Applicant. On the one hand the Applicant considers that ND was acting in his own interests and not using his...

10. LCRO 03/2012 TX v NE [pdf, 221 KB]

    ...be some doubt as to the competence of an elderly person and this review concerns the question of what is the appropriate course of conduct for a lawyer faced with such uncertainty. Regrettably conflict between family members in respect of the care and protection of elderly members of the family is not uncommon. At the root of this complaint is the conflict between ND and the Applicant. On the one hand the Applicant considers that ND was acting in his own interests and not using his...