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1. BORA Public Finance (State Sector Management) Bill [pdf, 48 KB]

   ...seizure. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a "search or seizure". Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. Inspection powers - clause 37 15. Clause 37 of the Bill amends the State Sector Act 1988 by repealing section 8 and substituting a new pr...

2. CAC 304 v Morris [2016] NZREADT 35 [pdf, 124 KB]

   ...Trust.” Submissions for the Prosecution [4] Ms Copeland (as counsel for the prosecution) noted that it is well established that penalty decisions of professional disciplinary tribunals should emphasise the maintenance of high standards and the protection of the public through specific and general deterrence. While this may result in orders having a punitive effect, this is not their purpose Z v CAC [2009] 1 NZLR 1; CAC V Walker [2011] NZREADT 4. [5] In CAC v Spencer [2013] NZREADT...

3. Notes from Crown Maori Relations hui Christchurch 15 April 2018 [pdf, 412 KB]

   ...issue of water, either in terms of water quality, the ownership/allocation of water, and access and control. Legacy issues in relation to water quality was raised by several speakers. There was an emphasis on the point that if water quality is not protected, that this is having (and will have) an impact on people – quality of kai, their health and whānau life. • Water quality – Several speakers were concerned about the pollution of waterways in Canterbury, and that polluters...

4. Canterbury Standards Committee v Sisson [2011] NZLCDT 35 [pdf, 143 KB]

   ...recognises that she needs intense psychological therapy and is unable to cope with 5 practice at the present time. Obtaining such professional assistance could have been viewed as a step towards rehabilitation that was a mitigating or protective step, but once again Ms Sisson failed to approach it in a proper or timely way and her refusal to show us the report meant no reliance could be placed upon it. Ms Sisson sought a period of suspension rather than strike off. She pro...

5. Nguyen v Hu [2016] NZIACDT 51 (12 September 2016) [pdf, 134 KB]

   ...ensure that appropriate standards of conduct are maintained in the occupation concerned. [14] The statutory purpose is achieved by considering at least four factors that materially bear upon maintaining appropriate standards of conduct: [14.1] Protecting clients: section 3 of the Act states that “[t]he purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [14.2] Demanding minimum standards of conduct: Dentice v Valuers Registrati...

6. ASC annual report 2018 [pdf, 788 KB]

   ...Current Membership of the Committee ............................................................................... 3    Introduction ........................................................................................................................ 3    Standards of Care Document ............................................................................................... 3    Potential for Change – Law Review .....................................................

7. Hallett v Te Moana - Estate of Sheryl Marie Te Moana (2019) 399 Aotea MB 138 (399 AOT 138) [pdf, 297 KB]

   ...succeed to Ms Te Moana on intestacy would be her siblings, given she did not have children. [15] However, as foreshadowed, the position of Ms Hallett must also be considered in the context of s 116 of the Act and the provisions of the Family Protection Act 1955. Is Ms Hallett entitled to an order per s 116 of the Act? [16] Section 116 of the Act provides: 116 Court may make special provision relating to income (1) Subject to subsection (2), in the exercise of its powers under...

8. Cooper v Standards Committee LCRO 280/2013, 281/2013, 324/2013, 325/2013, 34/2014, 118/2014 (17 April 2015) [pdf, 406 KB]

   ...appeared to have receipted funds directly into his practice account, in breach of rule 9.3, regs 9 and 10 of the Lawyers and Conveyancers Act (Trust Account) Regulations 2008, and s 110 of the Act. [6] The Committee considered:5 …that the protection of client money is of paramount importance under the Act and the reason why there are stringent rules around the handling of client money by lawyers. Mr Cooper’s conduct is in direct contravention of these requirements and is a ser...

9. AQ v Mudaliar [2015] NZIACDT 93 (16 October 2015) [pdf, 132 KB]

   ...standards of conduct are maintained in the occupation concerned. [8] When imposing sanctions, those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [8.1] Protecting the public: Section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [8.2] Demanding minimum standards of conduct: Dentice v Valuers Registratio...

10. BORA Justices of the Peace Amendment Bill [pdf, 300 KB]

    ...sensitivity to the place of the particular Court or Judicial Officer within the judicial hierarchy. For example, the South African Constitutional Court observed in Van Rooyen v State:[1] "In deciding whether a particular Court lacks the institutional protection that it requires to function independently and impartially, it is relevant to have regard to the core protection given to all Courts by our constitution, to the particular functions that such a Court performs and to its pl...