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1. BORA Land Transport Amendment Bill [pdf, 294 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....

2. BORA Land Transport (Speed Limits Validation) Bill [pdf, 301 KB]

   ...Bill 3. The purpose of the Bill is to: • remove any doubt about the validity of speed limits set by road controlling authorities (which includes the designation of areas as urban traffic areas in which roads are subject to speed limits); • protect enforcement action taken in relation to speed limits from any doubt concerning the validity of the speed limits; and • provide clear authority for the setting of speed limits by road controlling authorities in the future. 4. Clause...

3. LCRO 204/2017 CA and KB v MN [pdf, 102 KB]

   ...applied for a review of a decision by the [Area] Standards Committee [X] (the Committee) to take no further action in respect of their complaint concerning the conduct of the respondent, Mr MN who was appointed by the Family Court pursuant to the Protection of Personal Property Rights Act 1988 (PPPR) as lawyer for their father, Mr RA. Background [2] The complainants refer to a dispute between them and their brother, GA. The complainants say that Mr UX was appointed by the Court i...

4. IP v AR LCRO 161 / 2011 (15 June 2012) [pdf, 58 KB]

   ...client is happy with that advice or not. [27] I can find no evidence of any kind of a relationship that could have given rise to a professional conflict on the Practitioner’s part. I can see no breach of any of the Rules of Conduct and Client Care in relation to any matter. [28] Although the Applicant continues to believe that the Practitioner has withheld documents, I note that the Practitioner has invited him on a number of occasions to come and inspect the remainder of t...

5. BORA Dairy Industry Restructuring Amendment Bill [pdf, 304 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. Entry powers without a warrant 6. New section 29C (Power of entry without search warrant) of the Bill provides that the chief executi...

6. BORA Organic Products Bill [pdf, 184 KB]

   ...and c. the penalty level. 25. A reversal of onus of proof is generally considered to be more easily justifiable for regulatory offences. Those who choose to participate in regulated industries should be expected to meet certain expectations of care and accept the enhanced standard of behaviour required of them. In this Bill, operators voluntarily come under the Bill by choosing to advertise or label their product as organic. The offences are intended to incentivise those who opt into t...

7. Taueki - Horowhenua 11 (Lake) Māori Reservation (2005) 154 Aotea MB 96 (154 AOT 96) [pdf, 353 KB]

   ...expressed to be of interim effect only. (4) Every injunction made by the Court under this section that is not expressed to be of interim effect only shall be of final effect. Case Law An interlocutory injunction is a discretionary remedy granted to protect a plaintiff from injury to its legal or equitable rights resulting from delay between the filing of a claim and trial for which damages are not an adequate remedy. A recent Court of Appeal decision confirming this proposition is Ro...

8. Wang v Denekamp [2018] NZIACDT 48 (23 November 2018) [pdf, 152 KB]

   ...[13.5] I also take account of the obligation to retrain before re-entering the profession. 6 [14] In all, the penalty will be reduced to $4,500. Compensation and the refund of fees [15] When dealing with compensation this Authority is careful to ensure there is a direct nexus between a lapse in professional standards and a loss claimed by the complainant or other party. It is also conscious that the jurisdiction is concurrent with others where recovery may be pursued,...

9. Stanimirovic v Levarko [2018] NZIACDT 25 (20 June 2018) [pdf, 143 KB]

   ...the standard monetary penalty would be in the order of $7,500. I had in mind $2,500, Mr Levarko contended for $500 as a nominal penalty and the Registrar suggested $1,000 would better reflect the circumstances. [13] I have considered this issue carefully. My principal concern is that a monetary penalty of less than $2,500 is not adequate to properly reflect the conduct. There is in fact a concern that imposition of a lesser amount, superficially at least, conveys a message that unde...

10. Real Estate Agents Disciplinary Tribunal Annual Report 2019-20 [pdf, 193 KB]

    ...(in particular, following disciplinary charges against licensees), I am concerned that the possibility of an application for costs may deter some consumers from pursuing matters in the Tribunal. This has the potential to detract from the consumer-protection focus of the Act. CASES RECEIVED, DISPOSED AND ON HAND Caseload As noted below, the Tribunal received 51 new cases during 2019/2020. This is an increase from the previous year, when we received 43 new cases. Wit...