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1. Auckland Standards Committee 1 v Arman [2019] NZLCDT 18 [pdf, 340 KB]

   ...3.5, 9.5, 11, 13 and 13.1. Applicable Principles [35] The purpose of the imposition of a penalty on a practitioner in disciplinary proceedings is not a punitive one. Primarily, the Tribunal has regard to the purposes of the legislation – protection of the public and protection of the reputation of the profession in the eyes of the public and the upholding of professional standards. [36] Purposes of rehabilitation, denunciation and deterrence are borne in mind. [37] So, also,...

2. [2024] NZREADT 16 TG v CAC 2204 & XW (5 June 2024) [pdf, 243 KB]

   ...principal agent. The complaint was referred to Complaints Assessment Committee 2204 (the Committee). The Committee decided on 26 September 2023 that, while the principal agent had breached the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules), it would take no further action. It is from this decision that the neighbour appeals. BACKGROUND [3] The complaint concerns the website advertising of the motel, located in a provincial city. TG, the ne...

3. LCDT Annual Report 2024 [pdf, 477 KB]

   ...of recent High Court and Court of Appeal decisions on disciplinary issues. New members are inducted by the chairperson, with a full review of the governing legislation, procedural rules and court etiquette. Ethical duties of members are also carefully outlined, as are evidential rules and the rules underlying natural justice. A training day was held in Auckland, on 5 October 2023. The training was run by the Chair and Deputy Chair, with the help of an external facilitator fo...

4. NZLS Predictions in an Uncertain World [pdf, 957 KB]

   ...turn. However, there are a number of things to be aware of. First is that different professions use different vocabulary for (more or less) the same things – see below. Second the formula has a convenient tidiness about it, but we need to be careful of the complexities of the real world. We look at dynamic (time factors) in 3.7 below. There are other complexities about changes over time which Dr Reisinger will elaborate on. Third with regard to climate change, Drs Reisinger and La...

5. BORA Coroners Bill [pdf, 21 KB]

   ...Zealand Bill of Rights Act extends to seizure of persons. However, the power of the coroner is discretionary. Clause 68 ensures that witnesses giving evidence have the same privileges and immunities as witnesses in courts of law. Accordingly, the rights protected by ss 23 and 25 of the New Zealand Bill of Rights Act are not infringed. 5.5 Clause 110 confers a power upon the coroner to require the provision of information. However, pursuant clause 68, persons upon whom notices are served...

6. BORA New Zealand Security Intelligence Services Amendment Bill [pdf, 215 KB]

   ...unreasonable search and seizure. There are two limbs to the s 21 right. First, s 21 is applicable only in respect of those activities that constitute a ‘search or seizure’. Secondly, where certain actions do constitute a search or seizure, s 21 protects only against those searches or seizures that are ‘unreasonable’ in the circumstances. • The current framework for the issuance of intelligence warrants (which, as indicated above, were formally known as interception warrants)...

7. BORA Greater Christchurch Regeneration Bill [pdf, 288 KB]

   ...carried out or because those areas are hazardous. This purpose is sufficiently important to justify some kind of limitation on the right. There is a rational connection between restricting access to areas, buildings, public places, and roads and protecting the public from the hazards resulting from earthquake damage. 12. In assessing whether the limitations in each of clauses 48(3), 50 and 54-55 impair the right no more than is reasonably necessary, and are proportionately connected to...

8. BORA Settlement Systems and Futures Bill [pdf, 296 KB]

   ...exchanges that operate both securities and futures markets. 3 The Bill is split into three parts. • Part 1 of the Bill amends the Reserve Bank Act 1989 to allow settlement systems operating in New Zealand to apply for designation and receive legal protections to support the integrity of the system. Part 1 names the Reserve Bank of New Zealand and the Securities Commission as the joint regulators of designated systems and outlines their functions and duties. • Part 2 of the Bill c...

9. BORA Ngāti Whātua Ōrākei Claims Settlement Bill [pdf, 289 KB]

   ...compensation remedy when the new governance entity is created (cl 76(2) and cl 79(2)). It might be argued that these clauses limit the right to bring civil proceedings against the Crown affirmed by s 27(3) of the Bill of Rights Act. However s 27(3) protects only procedural rights [7], while cls 24(3), 76(2), 79(2) and 82 affect the substantive law. Accordingly, no inconsistency arises. Negotiating mandate 10. Clause 17(2) provides that the trustee of the Ngāti Whātua Ōrākei Trust ha...

10. BORA Prohibition of Gang Insignia in Government Premises Bill [pdf, 292 KB]

    ...which includes the freedom to seek, receive, and impart information and opinions of any kind and in any form. The right is as wide as human thought and imagination.[1] 6. Gang insignia can be considered a form of expression and may fall under the protection of s 14 of the Bill of Rights Act. Gang insignia is, however, at the lower end of protected expression as it is associated with intimidation and criminal activity.[2] Is this a justified limit under s 5 of the Bill of Rights Ac...