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1. BORA Hutt City Council (Graffiti Removal) Bill [pdf, 284 KB]

   ...expression, 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. Graffiti can be considered a form of expression and may fall under the protection of s 14 of the Bill of Rights Act. Removal of graffiti can be viewed as a prima facie limit on the right to freedom of expression. Is this a justified limit under s 5 of the Bill of Rights Act? 7. Where a provision is foun...

2. CE v TFX [2011] NZIACDT 6 (14 February 2011) [pdf, 52 KB]

   ...Code having been developed pursuant to section 37 of the Act (published www.iaa.govt.nz). In addition, under section 44(2)(d) as being dishonest or misleading behaviour. [3] Clause 1 of the Code requires that a licensed immigration adviser act with care, respect, diligence and professionalism, and clause 2.2 prohibits advancing vexatious or grossly unfounded immigration applications. Factual Background [4] The Tribunal undertook a review of the whole of the papers presented, and issu...

3. BORA Children Young Persons & Their Families (Youth Courts Jurisdiction & Orders) Amendment Bill [pdf, 304 KB]

   ...remove the hearing from the Youth Court. In that situation the presiding Judge will be under an obligation to ensure compliance with s25(i) [4] , and the principles underlying the Youth Justice regime will generally continue to be applied[5]. 8. The protections for young people under that scheme are further bolstered in relation to prosecution by the requirement in cl 11 (new s 272A(c)) that the young person must understand that his or her act is wrong or contrary to law. Orders in re...

4. BORA Vehicle Confiscation and Seizure Bill [pdf, 284 KB]

   ...the third party is being punished for the offending of another without charge or trial. The issue comes down to whether the seizure, confiscation, and possible sale or destruction, amount to a criminal penalty and so require the criminal procedure protections under s 25 of the Bill of Rights Act.[2] If the orders are civil in nature, no issue arises. 11. It is generally recognised that forfeiture regimes for the seizure or confiscation of property involved in offending are not crimina...

5. BORA Building Bill - Follow up [pdf, 75 KB]

   ...enforcement regime. In considering whether the strict liability offences were justifiable we have taken into account MED's explanation that the offences have been framed as a strict liability offences because: … a high degree of public welfare protection is required. The consequences of failing to comply with the relevant statutory requirement could have potentially serious or even tragic results. These situations include building work carried out without a building consent; or a...

6. [2021] NZEmpC 30 Crossen v Yangs House Ltd [pdf, 196 KB]

   ...unable to pay future costs to the defendants if her claim is unsuccessful. If that threshold is reached the Court may order security to be given if to do so is just in all the circumstances. [16] It is trite that considering this test involves carefully balancing the interests of the plaintiff and defendants. That is to ensure access to the Court for a plaintiff is not lightly denied, which could be the result if an order is made. At the same time, the defendants are entitled to...

7. Interviewing clients [pdf, 139 KB]

   ...are literacy, comprehension or mental health difficulties there is no known address, or there is not sufficient time. Further advice 1. Taking notes allows you to control the pace of the conversation, helps you recall the discussion and protects you should there be any complaint from your client. 2. Use an interview template that prompts admissions, denials, evidential leads (including potential witnesses), alibi evidence, health, especially mental health issues, chara...

8. [2023] NZEmpC 85 Joyce v Ultimate Siteworks Ltd [pdf, 166 KB]

   ...contemplates that an order for security for costs may, in effect, prevent a plaintiff from pursuing their claim. Nevertheless, access to the courts for a genuine plaintiff is not lightly to be denied. Therefore, such an order should only be made after careful consideration. However, a defendant is entitled to be protected against being drawn into unjustified litigation brought by an impecunious plaintiff, particularly where it is overcomplicated and unnecessarily protracted.5 [...

9. UL v Q Ltd [2023] NZDT 383 (29 August 2023) [pdf, 181 KB]

   ...reinstalled the software. He said that was why it was sold for less than a brand new one. As a consequence, it would not have the same lifespan as a brand new laptop, which ordinarily would be between 3 to 7 years, depending on how it was used and cared for. The laptop was therefore sold with only a one year manufacturer warranty. 5. UL provided an article from Consumer NZ concerning the reasonable life expectancy of household goods. It found that “while we expect a laptop or d...

10. Apply for a welfare guardian

    ...free to apply for a Welfare Guardian Order. Apply to have a welfare guardian appointed People who can apply for a Welfare Guardian Order for themselves or someone else are: a person who is totally unable to make or communicate decisions about their own care a relative or attorney of the person who the Order is for a social worker employed under the Children, Young Persons, and their Families Act 1989 a medical practitioner or doctor a representative of any non-profit group that provides servic...

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