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1. [2015] NZSSAA 84 (13 November 2015) [pdf, 151 KB]

   ...XXXX trespassed from 106 XXXX Road.” [28] Despite the fact that the appellant was the person who chased Mr XXXX to XXXX Road, and Mr XXXX is recorded in the Police report as the victim and the appellant as the offender, the appellant obtained a protection order against Mr XXXX a few days after this incident. [29] In January 2007 there is a further Police report. This involved an incident when Mr XXXX, who had been excluded from the house at 25 XXXX Avenue, attempted to 7...

2. National Standards Committee 1 v Deliu [2016] NZLCDT 27 [pdf, 480 KB]

   ...We deal with the first two together as they are closely related. 1.01 [The practitioner] incompetently argued for the parents to represent their children, when the parents had previously been found by the Family Court to be unfit to have the care of their children. 1.02 Without having reasonable grounds to do so, [the practitioner] made an application for the removal of … the litigation guardian, during the course of a telephone conference held on 13 February 2008 before...

3. Tweeddale v Pearson [pdf, 405 KB]

   ...situation, the council says it owes no duty of care. [63] In Sunset Terraces and Byron Ave the Court focused on the intended residential end use of the building in question. In Sunset Terraces, where the Council was found liable, Heath J was careful to limit his finding of the existence of a duty of care to owners of properties intended to be used for residential properties. At para [220], Heath J. said: [220] In my judgment, a territorial authority owes a duty of care to...

4. BORA Sale of Liquor Amendment Bill (No. 2) [pdf, 13 KB]

   ...provisions a "patient" within the meaning of paragraph (b) or paragraph (c) of the definition of "patient" in the Mental Health (Compulsory Assessment and Treatment) Act 1992, and any person who is the subject of an order under the Protection of Personal and Property Rights Act 1988 ("PPPRA"), are not capable of being elected, or of holding office, as a trustee of a community trust. While the effect of these disabling provisions is to treat mental health pati...

5. BORA Property Law Bill [pdf, 344 KB]

   ...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions....

6. BORA Student Loan Scheme Amendment Bill [pdf, 360 KB]

   ...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions....

7. BORA Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Bill [pdf, 188 KB]

   ...or inability to perform the functions of office. In this context, paragraph (e) could confer a power to remove a member who is subject to an order under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or an interim order under the Protection of Personal and Property Rights Act 1988, even if the member is in fact able to perform the functions of office. Paragraph (e) therefore appears to be inconsistent with the right to be free from discrimination on the ground of disabi...

8. Family Court Rewrite Submission Birthright NZ [pdf, 187 KB]

   ...themselves a part of, is essential for the wellbeing of the child or young person. • Child Advocate: we would like to see a child advocate in place for the child. The role of the advocate is to give agency to the child and ensure they are protected through the process. It opens another opportunity for the child to express his/her views, utilising specialist skills in working with children. It can take time for a child to open up and be comfortable in expressing their views. We...

9. OIA-113557.pdf [pdf, 147 KB]

   ...processes to implement the decisions. The Ministry cannot confirm the final impact on its employees until after that process has concluded. Therefore, information on phase two of the change process is withheld under section 9(2)(f)(iv) of the Act, to protect the confidentiality of advice. In withholding information under section 9 of the Act I have considered the public interest and do not consider it outweighs withholding the information at this time. S9(2)(a) S9(2)(a) S9(2)(a)...

10. LCRO 54/2018 KJ v VW (6 July 2018) [pdf, 180 KB]

    ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [19] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that neces...