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1. BORA Maritime Powers Extension Bill [pdf, 295 KB]

   ...the Bill of Rights Act. Section 22 – liberty of the person 28. Section 22 of the Bill of Rights Act affirms that everyone has the right not to be arbitrarily arrested or detained. The purpose of the right not to be arbitrarily detained is the protection of human dignity, autonomy and liberty.17 29. To trigger the concept of detention there must be a “substantial intrusion on personal liberty”,18 whether a physical deprivation or a statutory constraint. The Court of Appeal has...

2. C v I [2018] NZIACDT 20 (18 June 2018) [pdf, 213 KB]

   ...varied, but duties of competence, application of skill, honesty, disclosure and propriety are shared by a wide range of professionals. Immigration advisers have much in common with other professionals. Section 3 of the Act affirms it is intended to protect the interests of consumers receiving immigration advice, which corresponds to the duties other professionals have to the public engaging their services. [21] In a professional disciplinary setting, it is generally necessary t...

3. K v I [2018] NZIACDT 22 (18 June 2018) [pdf, 214 KB]

   ...competence, application of skill, honesty, disclosure and propriety are shared by a wide range of professionals. Immigration advisers have much in common with other professionals. Section 3 of the Act affirms it is 6 intended to protect the interests of consumers receiving immigration advice, which corresponds to the duties other professionals have to the public engaging their services. [19] In a professional disciplinary setting, it is generally necessary to det...

4. Q v I [2018] NZIACDT 16 (18 June 2018) [pdf, 214 KB]

   ...varied, but duties of competence, application of skill, honesty, disclosure and propriety are shared by a wide range of professionals. Immigration advisers have much in common with other professionals. Section 3 of the Act affirms it is intended to protect the interests of consumers receiving immigration advice, which corresponds to the duties other professionals have to the public engaging their services. [21] In a professional disciplinary setting, it is generally necessary t...

5. Q v I [2018] NZIACDT 18 (18 June 2018) [pdf, 213 KB]

   ...varied, but duties of competence, application of skill, honesty, disclosure and propriety are shared by a wide range of professionals. Immigration advisers have much in common with other professionals. Section 3 of the Act affirms it is intended to protect the interests of consumers receiving immigration advice, which corresponds to the duties other professionals have to the public engaging their services. [21] In a professional disciplinary setting, it is generally necessary t...

6. LCRO 71/2016 ZB v YA (23 August 2018) [pdf, 230 KB]

   ...correct and it is open to regulators, such as the Committee and this Office, to consider and determine complaints made pursuant to the Act, even where the parties seem to have reached agreement otherwise. That is primarily because the Act’s protective nature extends beyond individuals involved in civil disputes, to the public more broadly. Mr YA’s Conduct [28] Mr ZB alleges that Mr YA’s conduct breached rr 11, 11.1 and 12 which say: 11 A lawyer’s practice must be adminis...

7. [2012] NZEmpC 19 Warmington & ONeill v AFFCO NZ Ltd [pdf, 214 KB]

   ...determined at the time the agreement was entered into, not the time it is sought to be enforced: Walley at [23]. Proprietary interest? [46] An employer is entitled to impose a restraint of trade to protect proprietary interests which require protection: H & R Block Ltd v Sanott. 6 [47] AFFCO seeks to restrain the plaintiffs on the basis of concerns relating to confidential and commercially sensitive information which AFFCO says the plaintiffs had access to during the cou...

8. Reid v ACC [2015] NZACA 11 [pdf, 65 KB]

   ...Following discharge from a prolonged period in hospital and a rehabilitation centre, Mr Reid received considerable unpaid assistance initially from his then partner and subsequently from his now elderly mother for household tasks and limited personal care (the latter known under the scheme as attendant care). After his partner left him, he had to move in with his parents as he could not completely look after himself. [3] A late claim for retrospective attendant care was made but was d...

9. BORA Freedom Camping Bill [pdf, 321 KB]

   ...residents and costs for local authorities and the Department of Conservation. 4. The Bill achieves its purpose by creating an infringement regime in relation to freedom camping on local authority controlled and public conservation land, in order to protect the environment, health and safety and access to public places and sites of significance for public enjoyment. It allows for camping to generally be permitted unless restricted or prohibited either through local government bylaws or th...

10. INZ (Gilray) v Croxson [2019] NZIACDT 79 (9 December 2019) Sanctions [pdf, 117 KB]

    ...immigration advice, and to enhance the reputation of New Zealand as a migration destination, by providing for the regulation of persons who give immigration advice. [29] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:4 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish...