Search Results

1. Legal Aid Complaints Management Policy [pdf, 633 KB]

   ...becomes aware of a complaint and notifies the provider, the Ministry expects that the provider will promptly respond to the complaint. The timeframes are detailed below. References: • Lawyers and Conveyancers Act (Lawyers: Conduct and Participant Care) Rules 2008, rule 8.4 • Legal Aid Provider Contract • Privacy Act 2020, section 22 • Official Information Act 1982 Complaint sources Complaints about provider conduct may arise from a number of sources, including the follow...

2. [2022] NZIACDT 27 - ZK v Li (8 November 2022) [pdf, 212 KB]

   ...Failing to recognise that the complainant’s remuneration did not meet immigration instructions and the residence visa application was likely to have little or no hope of success. Breaches of the Code (2) Failing to exercise diligence and due care in not discussing concerns about the remuneration with the complainant prior to lodging the residence visa application, in breach of cl 1. (3) Failing to advise the complainant that in his opinion the residence visa application ha...

3. [2012] NZEmpC 179 Drader v Chief Executive of the Ministry of Social Development [pdf, 189 KB]

   ...were entirely out of character. [84] I reject Mr Quarrie’s submission that the defendant ought to have been aware of this and to have enquired into it, for the reasons I have given. Also there is evidence that Mr MacPherson did try, in a very caring manner, to ascertain the true reasons for the plaintiff’s actions. He did this on 14 February 2011 without success and without obtaining any clues that might have given him pause to consider whether the plaintiff was traumatised o...

4. S B v Atia [2018] NZIACDT 4 (19 February 2018) [pdf, 310 KB]

   ...receiving immigration services from a lawyer has a fiduciary relationship, and does not have that when receiving the same services from a licensed immigration adviser. Section 3 of the Act provides the purpose of the Act is “to promote and protect the interests of consumers receiving immigration advice”; that is a purpose it does achieve by demanding professionalism from licensed immigration advisers. [41] The Sims case concerned whether a transaction was valid given a breach...

5. Independent Electoral Review Final Report Accessible word doc [docx, 9.5 MB]

   ...administered, are of fundamental importance to our electoral system and democracy. We have focused on how to make voting more accessible and improve voter participation. Voter eligibility The right of citizens to vote is a fundamental right, recognised and protected by international and domestic law. Any limit on that right must be reasonable and justified. We recommend lowering the voting age to 16. Having reviewed the evidence, we are confident that 16-year-olds are just as capable of making...

6. Harris & Ors as Trustees of the Estuary Trust v Veltman [2010] NZWHT Auckland 19 [pdf, 231 KB]

   ............................................................................................. 36 Summary in relation to Quantum ................................................................... 37 DID THE OPPORTUNITY FOR INTERMEDIATE INSPECTION NEGATE THE IMPOSITION OF A DUTY OF CARE ................................................................ 38 THE LIABILITY OF KIM VELTMAN .................................................................. 45 DOES MR CHAPMAN OWE THE CLAIMANTS A DU...

7. BORA Judicial Retirement Age Bill [pdf, 287 KB]

   ...Court, coroners and Community Magistrates, currently 68, to 70. The explanatory note to the Bill expresses the purpose of a fixed retirement age as follows (para. 2): "Security of tenure and its counterpart, a compulsory retirement age, are key protections for judicial independence. These provisions enable the fearless performance of judicial functions by freeing Judges from concerns about their future term of office." 3. The explanatory note indicates that the proposed increas...

8. BORA New Zealand Geographic Board (Ngā Pou Taunaha O Aotearoa) Bill [pdf, 377 KB]

   ...important objective 11. We consider collecting, and encouraging the use of, original Māori place names to be a significant and important objective. The preservation of Māori place names reflects the Crown’s obligations under the Treaty of Waitangi to protect Māori cultural heritage. The United Nations has identified the preservation of minority and indigenous group culture as an important aspect of the standardisation of geographical names. It has recognised that the geographical na...

9. BORA Taxation (Kiwisaver and Company Tax Rate Amendments) Bill [pdf, 386 KB]

   ...Kiwisaver scheme. The Bill also decreases the company tax rate, and makes a number of remedial amendments for the new portfolio investment entity rules. CONSISTENCY WITH SECTION 19 OF THE BILL OF RIGHTS ACT 4. Section 19(1) of the Bill of Rights Act protects the right to freedom from discrimination on the grounds of discrimination set out in section 21 of the Human Rights Act 1993, including age (which means any age of 16 years old and over). 5. Taking into account the various domesti...

10. GT v TJ LCRO 10 / 2011 (20 January 2012) [pdf, 57 KB]

    ...and the relevant rule applying to each complaint the Committee decided that it would take no further action pursuant to s.152(2)(c) of the Lawyers and Conveyancers Act 2006. It also determined that its findings should not be published, thereby protecting the privacy of both parties. [11] The Standards Committee provided a lengthy and detailed decision in which it provided comprehensive reasons for not upholding the complaints. The Committee noted that the firm had not acted for t...