Search Results

1. BORA Smoke-free Environments (Controls and Enforcement) Amendment Bill [pdf, 338 KB]

   ...conduct to be regulated b) the ability of the defendant to exonerate themselves and the risk of conviction of an innocent person, and c) the penalty level. The offence relates to certain activities that require the participant to display a level of care where failure to display that care may lead to harm to the public (ie. young people taking up smoking). The objective of including strict liability offences is to increase the likelihood of successful enforcement action to promote t...

2. LCRO 164/2019 SM v NL (25 June 2020) [pdf, 150 KB]

   ...[29] The duty of loyalty requires a lawyer to act single-mindedly and disinterestedly in the interests of their clients. [30] Loyalty to clients has been described as the hallmark of the legal profession.3 The idea that a lawyer will work to protect and promote the interests of his or her client to the exclusion of all others is at the root of the lawyer-client relationship. [31] However, it is not the case that the duty of loyalty owed by a lawyer to their client continues after...

3. EL v IN Ltd [2022] NZDT 149 (18 August 2022) [pdf, 165 KB]

   ...storage facility, CD and the owner of the moving company who moved EL’s good to his house in [City B]. 25. CD confirms that no one else had access to the storage facility once the items were placed there by IN Ltd. He commented on the lack of protective measures taken by IN Ltd and what he considered a lack of care taken by the operators dealing with EL’s property. 26. SC, owner of DMS, said his company picked up EL’s items on 18 January 2022. He said upon pick up, many item...

4. Wellington Standards Committee 1 v McCardle [2025] NZLCDT 3 (10 January 2025) [pdf, 624 KB]

   ...unsatisfactory conduct? Did Mr McCardle honestly believe he was entitled to an Executor fee? [11] Mr Moon tested Mr McCardle about this in cross-examination. He pointed out that administration of this estate was simple. Mr McCardle’s view that he had protected the estate from a property relationship claim from the widow was fanciful. No claim was ever made even though the widow’s daughter had reserved her mother’s position on the point. On a balanced view of the matter, ti...

5. LCRO 10/2018 DO v ABC & Body Corporate (30 August 2019) [pdf, 274 KB]

   ...Collins’ commentary on r 10.2 includes that it:15 … reflects the sanctity and protective purpose of the lawyer and client relationship. [58] If it stood alone, that proposition might well need to be tempered with the observation that client protection should not be paternalistic. However, that appears to be recognised by the rule itself, as it permits a direct communication if the third party is agreeable and their lawyer has reasonable advance notice of the intention to commu...

6. LCRO 76/2024 QM v BY (13 December 2024) [pdf, 240 KB]

   ...arising from QM’s complaint:2 (a) Rule 3: whether BY acted competently and in a timely manner consistent with the terms of his retainer with QM. (b) Rule 5.3: whether BY provided independent and objective advice to QM. (c) Rule 6: whether BY protected and promoted QM’s interests to the exclusion of the interests of others. (d) Rule 9: whether BY charged a fee that was more than fair and reasonable. [27] In dealing with those issues, the Committee held:3 (a) There was no evide...

7. [2023] NZIACDT 4 – TC v MacLeod (7 February 2023) [pdf, 210 KB]

   ...NZ declined the residence visa on 29 September 2016. It was not satisfied the business was trading profitably, or had the potential to do so by meeting the annual turnover forecasts in the BP within 12 months. An appeal to the Immigration and Protection Tribunal arguing exceptional circumstances was declined on 13 July 2017. [9] Following Immigration NZ’s decline, Mr MacLeod exchanged emails with the visa officer in an endeavour to lower the third year forecast. On 26 October 201...

8. LCRO 183/2021 WB v XD (22 July 2022) [pdf, 202 KB]

   ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [26] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the 10 application for review, there are no additional issues or questions in my mind that...

9. BORA Members of Parliament (Pecuniary Interests) Bill [pdf, 93 KB]

   ...unreasonable search and seizure. In our opinion, the search and seizure powers accorded to the Auditor-General are reasonable in terms of section 21, particularly in light of the objectives of the Bill. The Public Audit also provides the following protections: (a) the circumstances in which the Auditor-General’s search and seizure powers may be invoked are limited to the exercise of his or her functions, duties or powers under the Bill; (b) the powers conferred on the Auditor...

10. BORA Health Practitioners (Replacement of Statutory References to Medical Practitioners) Bill [pdf, 207 KB]

    ...• Mental Health (Compulsory Assessment and Treatment) Act 1992 • Misuse of Drugs Act 1975 Consistency with the Bill of Rights Act Section 21 – Security against unreasonable search and seizure 6. Section 21 of the Bill of Rights Act protects against unreasonable search and seizure. There are two limits to the section 21 right. Section 21 is applicable only in respect of those activities that constitute a "search or seizure", and protects only against those search...