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1. Te Ture Whenua Maori Succession Dispute Resolution and Related Matters [pdf, 133 KB]

   ...the relevant framework that the Māori Land Court should employ in determining whether an appropriate kinship relationship exists for the purposes of succession. Proportionality 18. Whāngai (meaning to feed) is an arrangement whereby a child is cared for by those who are not the child’s birth parents, often a whanau member. It reflects the principle that the care of children is a community, rather than individual, responsibility. It reflects the central importance of whakapapa and...

2. Responding together: an integrated report evaluating the aims of the Waitakere Family Violence Court protocols [pdf, 894 KB]

   ...accountability ...............................................................................................91 6.3.1. Questions of balance ........................................................................................ 91 6.3.2. Victim safety: The protection provided by advocates speaking rights ............... 97 6.3.3. Victim safety: CVS, community and safety...................................................... 100 6.3.4. Victim safety: Protection and policing....................

3. BORA Geographical Indications (Wine and Spirits) Registration Amendment Bill [pdf, 280 KB]

   ...restriction is to protect the value and reputation associated with wines and spirits that genuinely originate from the geographical location concerned. We consider the limitation on section 14 in this context is clearly justified, is analogous to the protection of intellectual property rights [4] and achieves the stated purpose of protecting consumers by assuring them of the integrity of the wine or spirit they may purchase. 10. Clause 10 of the Bill restricts the use and registration of...

4. LCRO 60/2017 NV v GW (31 July 2017) [pdf, 191 KB]

   ...that Ms GW was well prepared for the mediation. [47] It presents as unlikely that this degree of preparedness would be compromised by a lack of attentiveness or care on Ms GW’s part, when the matters got to their critical point. [48] I have carefully considered all of the criticisms made by Ms NV. In large part, her complaint is driven by concern that the conference failed, in her view, to deliver her a fair settlement. To the extent that she identifies Ms GW as being responsi...

5. Graves v CAC 20003 & Langdon [2012] NZREADT 66 [pdf, 62 KB]

   ...access by other agencies to the property during the general agency period of 30 days, in effect limited the client to a “sole agent” during that extended period also. The Committee held that this restriction was not “reasonably necessary to protect the interests of the agent” and therefore breached reg.9.12. [f] Clause 3 of the agreement was misleading “to the extent that ‘easy cancel at any time for any reason’ is highlighted in a box in large print, but the terms un...

6. National Standards Committee 2 v Mr Y [2022] NZLCDT 8 (24 February 2022) [pdf, 202 KB]

   ...[10] Further penalty principles such as deterrence, denunciation, rehabilitation, compensation, and the “least restrictive outcome”,3 are also weighed. These are considered against the framework of the purposes of the legislation, namely the protection of the public as consumers of legal services, and the upholding of professional standards in order to maintain public confidence in their provision. [11] The Tribunal will also take account of the overall context of the conduct, an...

7. KC & TC v B Ltd [2024] NZDT 278 (16th April 2024) [pdf, 181 KB]

   ...all travel documentation as does B Ltd’s conditions of travel. 4. TC and KC consider the terms of the Consumer Guarantees Act 1993, the CGA, apply to the booking service supplied by B Ltd and that the service was not supplied with reasonable care and skill. B Ltd responds that the CGA does not apply to air travel services by virtue of the Montreal Convention which is adopted into New Zealand law through the Civil Aviation Act. 5. The issues to be decided then are whether the CGA...

8. BORA Police Complaints Authority (Conditional Name Protection) Amendment Bill [pdf, 104 KB]

   Police Complaints Authority (Conditional Name Protection) Amendment Bill 5 March 2003 Attorney-General Legal Advice Police Complaints Authority (Conditional Name Protection) Amendment Bill: Consistency With The New Zealand Bill Of Rights Act 1990 INTRODUCTION 1. We have considered the Police Complaints Authority (Conditional Name Protection) Amendment Bill, a Member's Bill in the name of Dr Paul Hutchison, for consistency with the New Zealand Bill of Rights Act 1990 (the...

9. BORA Maungaharuru-Tangitū Hapū Claims Settlement Bill [pdf, 286 KB]

   ...the recipients of the entitlements under the Bill. No differential treatment for the purpose of section 19 therefore arises by excluding others from the entitlements conferred under the Bill. 4. Clause 118 reserves a special right of access to protected sites [2] on Crown forest licensed land transferred to MTI. This right of access applies to Māori for whom the protected site is of special cultural, historical, or spiritual significance. It is conceivable that this clause raises a...

10. Family Court rewrite submission: NZ Nurses Organisation [pdf, 224 KB]

    ...health, employment and social policy development. In general we support the review of Family Justice System, which aims to review the ‘2014 reforms’ which made changes the services and processes available to help separating couples agree on the care and contact arrangements for their children. We agree that family violence, in all its forms, is unacceptable, and that addressing the systemic barriers that disadvantage women and children from accessing quality, fair and culturally...