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1. [2020] NZEmpC 109 McCook v Chief Executive of the Inland Revenue Department [pdf, 333 KB]

   ...the commentary, the Minister referred to what would be described as “confidentiality provisions”. He said that amendments were proposed to the current “tax secrecy” rules to more clearly focus on the core information which needed to be protected, namely information that identifies, or relates to, taxpayers. It was also proposed to modernise and restructure the confidentiality rules to improve the clarity and navigability of the legislation. [39] Against that background, h...

2. BORA Nga Punawai o Te Tokotoru Claims Settlement Bill (Ngati Rangiteaorere) [pdf, 278 KB]

   ...no other person could be said to be in comparable circumstances to those who are to receive entitlements under the Bill. 4. In respect of both Tapuika (clause 287A) and Ngati Rangiwewehi (clause 162A) the Bill reserves a special right of access to protected sites on Crown forest land transferred to iwi as part of the settlement. 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 cl...

3. LCRO 35/2024 UX v RT (19 September 2024) [pdf, 265 KB]

   ...Agreement A on 13 and 14 March 2013. (e) That the respondent failed in an unspecified professional duty by “…not making her own decisions and asking us client to make decisions and what to do” (sic). (f) That the respondent did not promote and protect the couple’s interests. (g) That the respondent failed to give the couple clear information and advice. (h) That the respondent’s referral of the couple to an independent litigation lawyer for advice was inappropriate (descri...

4. Legal Complaints Review Officer v Hong [2015] NZLCDT 27 [pdf, 407 KB]

   ...and Mr Deliu and his counsels will not be able to feed on such a vexatious claim. He will do so now at his own cost.” [48] Mr Hong submitted that his stated intention was to avoid costs for his former clients and to ensure their interests were protected. We consider it is still a flagrant breach of Rules 10 and 10.1. This very submission was discussed in a decision of the LCRO24 who stated: “Whilst a duty of confidence continues after a retainer has been terminated a lawyer...

5. CAC10070 v Adams [2012] NZREADT 5 [pdf, 177 KB]

   ...Act”) and also, in the alternative, with misconduct under s.73(c)(iii) of that Act “in that her conduct consists of wilful or reckless contraventions of rules 6.2, 6.4, 9.1 and 9.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009”. [2] In the course of the hearing, the defendant entered a guilty plea to the alternative charge; and Mr Stanaway offered no evidence to the first charge (referred to above) which was, therefore, dismissed by us for non-pro...

6. Lawyer-for-Child-practice-note-updated-July-2024.pdf [pdf, 253 KB]

   ...child list 3 INTRODUCTION 3.1 This practice note replaces all previous practice notes pertaining to the selection, appointment and payment of lawyer for child. 4 TERMS AND DEFINITIONS 4.1 In this practice note: (a) COCA means the Care of Children Act 2004. (b) OT Act means the Oranga Tamariki Act 1989 - Children's and Young People's Well-being Act 1989. (c) FCA means the Family Courts Act 1980. 2 (d) The term 'child' includes...

7. LCRO 103/2021 & LCRO 58/2022, LCRO 104/2021 and LCRO 105/2021 GS v ABC Ltd & HY, [Law Firm A] v ABC Ltd & HY and SW v [Area] Standards Committee [X] (24 November 2022) [pdf, 595 KB]

   ...FQ (for Ms HY) provided a reply to the lawyers’ response to Ms HY’s complaint on 14 May 2020. It was submitted for Ms HY that the lawyers had: (a) failed at every step of their engagement to fulfil the fundamental obligations and duties of care to Ms HY; and (b) provided erroneous advice in respect to the issue as to whether Ms HY could legally remove ducting from her unit, and improperly counselled Ms HY to defend the proceedings brought in the Tenancy Tribunal by the body c...

8. Youth Justice minimum dataset: data integration pilot [pdf, 269 KB]

   ...those remanded in custody during the progression of their court case, young Summary _________________________________________________ 9 people with supervision with residence orders, and children and young people placed in a residence for their care and protection. Data samples and matching results Data were requested from Police and Child, Youth and Family (using slightly different sample specifications) to allow us to identify all young people who had a police-referred Family Group Con...

9. CARROLL v Coroners Court at Auckland (2013 NZHC 906) [pdf, 304 KB]

   ...extent that the requirements of the common law are inconsistent with the provisions of the Act. They are therefore to be construed as stipulating the applicants’ minimum rights, not the full extent of them. As Joseph says: 10 Statutory protections are minima not maxima, and the courts will supplement the procedures by reference to common law standards of fairness. For supplementation, it must be shown that the statutory procedures are insufficient to do justice and that com...

10. Information sharing arrangements

    ...Find out more about Information Sharing on the Privacy Commissioner’s website Approved Information Sharing Agreements (AISAs) Approved information sharing agreements (AISAs) are one of the ways we share information to deliver public services while protecting people’s privacy. The Ministry currently has AISAs with the following agencies: Statistics New Zealand The shared information is used to answer research, policy, and evaluation questions across many subject areas. It helps solve comple...

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