Search Results

1. Lairg v Canterbury LCRO 219 / 2009 (24 April 2010) [pdf, 81 KB]

   ...hold the views she has stated and I can see no basis for implicating the Practitioner is an affidavit that is sworn by a client. [19] I have seen no evidence of any evidence that the Practitioner or anyone else has failed with regard to protection of the Applicant’s personal information arising in the course of the earlier retainer. I therefore agree with the Committee’s observations and consider it somewhat difficult to see what information the Practitioner or his firm n...

2. Poole v Yorkshire LCRO 133 / 2009 (11 November 2009) [pdf, 71 KB]

   ...(CA). More recently see Polynesian Spa Ltd v Osborne [2005] NZAR 408 and Down v Van der Wetering [1999] 2 NZLR 631; [1999] NZAR 307, also Moevao v Department of Labour [1980] 1 NZLR 464 (CA). [18] I also take notice of the fact that I must be careful to construe the Act in a way which is most consistent with the rights of a person who is subject to the disciplinary process. If the Act is ambiguous it should be construed in favour of a right to review. [19] I consider that the leg...

3. LCRO 240-2015 OB v LC [pdf, 103 KB]

   ...[Area] Standards Committee to take no further action in respect of his complaint concerning Mr LC’s conduct because Mr OB did not have sufficient personal interest in the subject matter of the complaint. Background [2] Mr LC acted for G, a protected person. [3] Ms B, who says she is a friend of G, instructed Mr K as her lawyer. It appears that Ms B wanted G to be able to smoke in a place where smoking was restricted or prohibited. [4] Counsel, including Mr LC and Mr K, appe...

4. BORA Harmful Digital Communications Bill [pdf, 303 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....

5. BORA Drug and Alcohol Testing of Community-based Offenders and Bailees Legislation Bill [pdf, 297 KB]

   ...which a particular search is conducted will be subject to scrutiny under s 21 of the Bill of Rights Act. The power to make a rule conferring an entitlement to make a search does not authorise searches that would be unreasonable and thus, infringe protected rights 5. Therefore, Police and Corrections may only exercise the power to conduct testing and monitoring in a manner that is compliant with s 21 and will need to consider the individual’s rights when determining whether to search...

6. BORA Evidence Amendment Bill [pdf, 304 KB]

   ...giving evidence in an alternative way in s 103(3) of the Act. [12] R v Hansen [2007] NZSC 7, [2007] 3 NZLR 1 at [69] per Blanchard J, at [125] per Tipping J and at [203] per McGrath J. [13] See, for example, the Submarine Cables and Pipelines Protection Act 1996, s 36(f) [14] See Cropp v Judicial Committee, above n 8.

7. BORA Parole Amendment Bill [pdf, 314 KB]

   ...earlier review, meant that detention had become arbitrary.[11] 7. I consider that the following safeguards ensure that the proposed increases in the maximum interval between parole reviews and the maximum duration of a postponement order should protect an offender from arbitrary detention beyond their parole eligibility date: 7.1 The Board has discretion over the length of the actual interval between parole reviews,[12] including when making postponement orders,[13] and is req...

8. Zhai v The Real Estate Agents Authority [2018] NZREADT 33 [pdf, 178 KB]

   ...licensees’ failure to meet their obligations. Section 54(d), in particular, is consistent with the purpose of the Act, and the means by which the Act achieves its purpose: 3 Purpose of the Act (1) The purpose of this Act is to promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work. (2) The Act achieves its purpose by– … (b) raising industry s...

9. Vertongen v The Real Estate Agents Authority (CAC 413) and Dunlop [2018] NZREADT 44 [pdf, 235 KB]

   ...respondent on appeal that whether or not there has been unfairness depends upon the outcome that resulted rather than the subjective state of mind of the person who has been charged. Given that the Act and the regulatory framework have as their purpose protection of consumers in respect of transactions1, we would accept that such an approach is legitimate. [33] As it was, Mr Simpson’s case was that it was “unfair” for the appellant to proceed with authorising the electrical r...

10. Century 21 Wellington Limited v Complaints Assessment Committee 412 [2017] NZREADT 47 [pdf, 150 KB]

    ...unsatisfactory conduct in that Century lacked proper office systems and financial controls to safeguard client funds. (b) In breach of ss 50 (1) and (2) of the Act, and Rules 8.3 and 8.4 of the Real Estate Agents Act (Professional Conduct and Client Care Rules 2012 (“the Rules”) Century failed to provide a suitable supervision structure and framework to ensure that the licensees were supervised appropriately. Century’s inadequate supervision structure allowed Schembri as a n...