Ministry of Justice

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1. LCRO 238/2015 NS v LO (28 September 2018) [pdf, 152 KB]

   ...Court’s decision, and should instead have applied the Rules. [21] Chapter 8 of the Rules sets out lawyers’ obligations in relation to confidential client information, how long the duty of confidence lasts, when disclosure is required and permitted, and when it is prohibited. Confidential information is described in the footnote to r 8 as: Information acquired in the course of the professional relationship that may be widely known or a matter of public record (such as the ad...

2. North v Worksop LCRO 213 / 2009 (9 April 2010) [pdf, 95 KB]

   ...than only as the ‘transacting solicitor’, alleging that he was managing the business and had taken on the mantel of administrator of the company. He alleged that the Practitioner had ‘procured’ Director and Shareholder certificates which permitted the interests and ownership of YY Ltd and another company to be effectively secured by another party in which he had no beneficial interest, and that this was all done without his knowledge. [20] The basic allegation was that the...

3. Re Alkazaz (Rejection of Statement of Claim) [2020] NZHRRT 43 [pdf, 191 KB]

   ...279 at [19], the purpose of Part 8 of the Privacy Act is to ensure that in the first instance a complaint about an interference with the privacy of an individual must be dealt with by the Privacy Commissioner. Proceedings before the Tribunal are permitted by s 82 only where an investigation has been conducted under Part 8 or where conciliation (under s 74) has not resulted in settlement. For the complaint resolution process to work a person in respect of whom a complaint is made and an i...

4. BORA Eden Park Trust Amendment Bill [pdf, 253 KB]

   ...the specific matters over which the individual lacks competency. Most PPPRA orders are issued after notice and a hearing, and, if practicable, the views of the individual to be subject to the order are ascertained. 28. However, the PPPRA also permits the issuance of interim or temporary orders on an urgent basis pending the outcome of an application for a long term order. An individual may be unaware of the application or the hearing and has no right to be heard, or call or cross...

5. BORA Marine Protection Legislation Bill [pdf, 313 KB]

   ...appears to limit s 25(c) of the Bill of Rights Act. 26. Where a legislative provision limits a particular right or freedom, it may nevertheless be consistent with the Bill of Rights Act if it can be justified under s 5 of that Act. Section 5 permits reasonable limitations, prescribed by law, that are demonstrably justified in a free and democratic society. 27. A limitation on a particular right may be justified where the objective serves a purpose sufficiently important to justif...

6. Morrison - Te Kaha No.2C Block (2014) 105 Waiariki MB 183 (105 WAR 183) [pdf, 205 KB]

   ...memorandum was to record issues such as respecting wāhi tapu, that the land would be inalienable, that the Teddy and McRoberts Whānau association with the homestead would be acknowledged and that access to customary resources for them would be permitted. [14] There was no cross-examination of the applicant based on her affidavit dated 5 November 2012, but Mr Kahukiwa made submissions and reiterated relevant points therein noting inter-alia that: 1. There is common descent and k...

7. BORA Waste Minimisation (Solids) Bill [pdf, 410 KB]

   ...make announced and unannounced inspections of waste transported to, or inspected by, the operators of a disposal facility. The inspection is carried out for the purposes of determining whether the amount of non-disposable materials exceeds that permitted by regulation. This clause raises an issue under section 21 of the Bill of Rights Act because a power of inspection constitutes a search for the purposes of that section. 18. Section 21 of the Bill of Rights Act does not affirm a righ...

8. Callaghan - Rahui A13 (2001) 60 Ruatōria MB 202 (60 RUA 202) [pdf, 500 KB]

   ...in the Maori Reservation Regulations 1994 r 6. ) Minute Book: 60 RUA 205 Reservation trustees have the power under the Maori Reservation Regulations 1994 to authorise activities on the reservation by any person or class of persons, to issue permits accordingly, to call meetings and to appoint and employ people who can assist in the administration of the reservation. They may also apply to the Court for directions relating to the administration of the reservation and the powers and o...

9. [2019] NZEnvC 065 Royal Forest and Bird Protection Society Incorporated v West Coast Regional Council [pdf, 2.7 MB]

   ...taken to receive a response to its requests for official information; the process of obtaining the agreement of related companies to commence the action in the High Court and its decision to apply for and to secure a formal extension to a mining permit prior to commencement of the judicial review proceeding.9 [11] Stevenson Mining submits that if the appeal is not heard until after the matters before the senior courts are determined, this would constitute an unreasonable delay, and...

10. Hearn v Parklane Investments Limited [pdf, 39 KB]

    ...should indemnify it to the extent of 80–100%. [13] I have already dealt in the previous decision with the extent of the Council’s liability. I see no need to adjust their percentage of liability. [14] They invite me to draw inferences as permitted by s 75 and submit that I could draw adverse inferences.1 I accept that I have that power. [15] The building that Mr Nachum supervised was badly built, defective and leaked. It lacked engineering supervision. Mr Nachum is l...