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1. LCRO 14/2020 CL v BB (18 December 2020) [pdf, 150 KB]

   ...services and terminated instructions on 16 November 2018. Mr BB rendered his account in the sum of $3,475 plus GST and disbursements. Ms CL’s complaints [8] Ms CLs letter of complaint summarised the issues that concerned her: “Lack of duty of care – excessive account – $4,171.25, being charged $70 emails to book an appointment and then receive “ok” back.”1 She has analysed the firm’s time records and refers to charges of $70 for minor administrative matters. She...

2. LCRO 14/2020 CL v BB (18 December 2020) [pdf, 141 KB]

   ...services and terminated instructions on 16 November 2018. Mr BB rendered his account in the sum of $3,475 plus GST and disbursements. Ms CL’s complaints [8] Ms CLs letter of complaint summarised the issues that concerned her: “Lack of duty of care – excessive account – $4,171.25, being charged $70 emails to book an appointment and then receive “ok” back.”1 She has analysed the firm’s time records and refers to charges of $70 for minor administrative matters. She...

3. Otago Standards Committee No. 1 v Zhao [2016] NZLCDT 22 [pdf, 115 KB]

   ...up the movement of funds and ensure compliance at the time of billing, that is, that this was not an isolated or unusual occurrence. He did not seem to be troubled by the fact that while the funds were in his personal account, they lacked the protection afforded by the strict provisions of the trust account regime. 24 [81] The regulations and rules surrounding the handling of client funds are in place for important protective purposes. Compliance is a fundamental obligati...

4. Auckland Standards Committee 2 v Holland [2022] NZLCDT 9 (3 March 2022) [pdf, 216 KB]

   ...wilfully or recklessly disregarding her obligations to comply with a formal s 147 notice in relation to investigation of this matter. On that charge she was censured and suspended from practising for four months. We are satisfied and have been careful to ensure that the current charge does not duplicate the previous charge and findings. We note though, that Ms Holland expressly sought that the Tribunal have before it and consider her evidence in the earlier proceedings. On that...

5. Director of Proceedings v Nelson [2013] NZHRRT 38 [pdf, 275 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 38 Reference No. HRRT 026/2012 UNDER SECTION 50 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN DIRECTOR OF PROCEEDINGS PLAINTIFF AND RUTH NELSON DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson Ms K Anderson, Member Ms WV Gilchrist, Member REPRESENTATION: Mr A Martin, Director of Proceedings, Plaintiff and Ms H Cook Mr AC Beck for de

6. BORA Ngāti Manawa and Ngāti Whare Claims Settlement Bill [pdf, 290 KB]

   ...have those heard according to law in the same way as civil proceedings between individuals. However, both cll 36 and 174 affect the substantive law. Accordingly, in my view they do not fall within the ambit of s 27(3) of the Bill of Rights, which protects procedural rights. Whether s 19 at issue 9. The Bill provides for the transfer of various assets to claimants and for claimants (and other Maori) to have rights which are not conferred on other people. For example claimants have...

7. BORA Arbitration Amendment Bill [pdf, 358 KB]

   ...disclosed; and (b) The disclosure is no more than what is reasonably required to serve the other considerations referred to in paragraph (a). 8. The rule prohibiting disclosure amounts to a prima facie breach of the right to freedom of expression protected by s 14 of the Bill of Rights Act. 9. While parties must agree to engage in the arbitration process and therefore to be bound by the implied confidentiality term, that agreement is made at a time when it is not possible for the part...

8. BORA Police Complaints Authority (Commission of Inquiry into Police Conduct) Amendment Bill [pdf, 271 KB]

   ...BORA rights might be thought to be relevant to the consistency of the Bill with BORA, viz, s 21 BORA (unreasonable search and seizure) and s 23(4) BORA (right to silence of detained person). In my view neither right is triggered. 5. Section 21 BORA protects everyone against unreasonable search and seizure. Unreasonable search and seizure extends to the forcible provision of information. However, s 21 BORA is not a general guarantee of privacy: see the references in the White Paper pp 103...

9. BORA Statutes Amendment Bill [pdf, 382 KB]

   ...• Valuers Act 1948 Ministry of Agriculture and Fisheries • Animal Welfare Act 1999 • Biosecurity Act 1993 • Diary Industry Restructuring Act 2001 • Forests Act 1949 Ministry of Culture and Heritage • Flags, Emblems, and Names Protections Act 1981 Ministry of Economic Development • Commerce Act 1986 • Incorporated Societies Act 1908 • Personal Properties Securities Act 1999 • Radiocommunications Act 1989 • Receiverships Act 1993 • Trade Marks Act 200...

10. BORA Trade (Safeguard Measures) Bill [pdf, 212 KB]

    ...is to enable New Zealand to apply safeguard measures at its border in accordance with the Agreement establishing the World Trade Organisation. Safeguards are temporary measures, usually in the form of a duty, in order to: • a) provide temporary protection to a domestic industry from serious injury caused by increased imports; and • b) facilitate adjustment by a domestic industry to increased competition from increased imports. 4. The Bill: • includes matters that must be consi...