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1. Issue 25 1 October 31 December 2020 [pdf, 737 KB]

   ...18 Hohaia [2020] NZCorC 89 (4 November 2020) ...................................................................... 18 Mr X [2020] NZCorC 91 (5 November 2020) .......................................................................... 20 Medical Care ............................................................................................................................ 21 Cambie [2020] NZCorC 74 (12 October 2020) ..........................................................................

2. LCRO 104/2019 RY v DN (1 May 2020) [pdf, 273 KB]

   ...a lawyer has acted for more than one client in circumstances where there was a more than negligible risk that the lawyer would be unable to discharge the obligations owed to one or more of the clients, is r 6.6 [49] Consistent with the consumer protection purposes of the Act and a lawyers’ fundamental obligation to protect their clients’ interests, r 6 requires that: 7 [i]n acting for a client, a lawyer must, within the bounds of the law and [the rules], protect and promote the...

3. BORA Heritage New Zealand Pouhere Taonga Bill [pdf, 418 KB]

   ...potential issues of inconsistency with s 19(1) (right to freedom from discrimination) and s 25(c) (right to be presumed innocent until proved guilty). Our analysis is set out below. Purpose 3. The purpose of the Bill is to promote the identification, protection, preservation and conservation of the historical and cultural heritage of New Zealand. It replaces the Historic Places Act 1993 (the Act), which established the New Zealand Historic Places Trust (Pouhere Taonga) (the Trust) in...

4. BORA Criminal Justice Reform Bill [pdf, 398 KB]

   ...protection to ensure criminal process rights are not breached in individual cases. 2.5 The power to require offenders to attend medical, psychological or therapeutic programmes can be exercised consistently with the right to refuse medical treatment protected by the BORA, by the courts imposing such orders against the wishes of the offender only in cases when it is justifiable under s 5 of the BORA. 2.6 The various restrictions upon the rights to freedom of association and freedom of...

5. Proactive-release-firearms-reform-programme_FINAL-v2.pdf [pdf, 1.9 MB]

   ...responsibility for the Arms Act has been reassigned and work is well underway. We have delivered all your 100-day commitments and are working at pace to support you with your immediate priorities, related to clubs and ranges. 5. Alongside this, we have been carefully planning the approach to delivering all the commitments to reform the broader firearms regulatory regime within the Parliamentary term. 6. We propose progressing this programme of work in four, overlapping phases. The pha...

6. OIA-113748.pdf [pdf, 7 MB]

   ...relationship with the agreed purpose of transforming the justice system. In 2022, the Ministry developed a Budget 2022 bid of $6m to support Ināia Tonu Nei over four years ($1.5m per annum). Backpocket Q&As Does this mean the Government doesn’t care about improving the justice system for Māori? Justice sector agencies, and the Justice Sector Leadership Board, are committed to working with Māori and supporting locally-led solutions to deliver effective interventions that co...

7. Jackman v CAC 10100 & Anderson [2011] NZREADT 30 [pdf, 93 KB]

   ...Unsatisfactory conduct which attracts professional discipline, even at the lower end of the scale, must be conduct which departs from acceptable professional standards. That departure must be significant enough to attract sanction for the purposes of protecting the public. A finding of ‘unsatisfactory conduct’ is not required in every case, even where error is shown. The question is not whether error was made, but whether the conduct in question was an acceptable discharge of prof...

8. M (C M Trust) v Tower Insurance Ltd [2019] CEIT-2019-0012 [pdf, 213 KB]

   ...party has yet to, or has failed to, fully disclose all documents in its possession or control that are relevant to the claim. The Documents sought [11] The Applicants seek further discovery of specified documents from Tower. They have taken care to particularise those documents they seek. They say that such documents are or may be relevant to issues before the Tribunal because they relate to their claim that Tower wrongly declined their requests to take steps to protect the dwell...

9. Auckland Standards Committee 4 v Holdaway [2023] NZLCDT 8 (6 April 2023) [pdf, 150 KB]

   ...herself at that hearing. [2] When we first came to hear the penalty phase of the matter, we were persuaded by Ms Holdaway’s then counsel to adjourn so “she could file further evidence and assemble a cohesive case”2. Nonetheless, our duty “to protect the interests of the public and thereby maintain public confidence in the provision of legal services”3 caused us to suspend her from practice. We gave a reasoned decision to explain our reasons. It was not done lightly. [...

10. Auckland Standards Committee v Comeskey [2010] NZLCDT 19 [pdf, 121 KB]

    ...and Conveyancers Act 2006 (“the Act”) being conduct that occurred between 1 September 2008 and 31 August 2009 when Mr Comeskey was providing regulated services and was conduct that consisted of a wilful or reckless contravention of the Client Care Rules in relation to his instruction to act as assigned counsel for Ms F. (b) Auckland Standards Committee 1 of the New Zealand Law Society charged Mr Comeskey with misconduct pursuant to ss 241(a) and - 3 - 7(1)(a)(i) of the...