Search Results

1. 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...

2. 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....

3. 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...

4. 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.

5. 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...

6. 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...

7. 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...

8. 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...

9. NZCVS Cycle 1 (2018) Key Findings (with infographics) [pdf, 3.9 MB]

   ...the work to New Zealand Ministry of Justice and abide by the other licence terms. Please note you may not use any departmental or governmental emblem, logo, or coat of arms in any way that infringes any provision of the Flags, Emblems, and Names Protection Act 1981. Use the wording “New Zealand Ministry of Justice” in your attribution, not the New Zealand Ministry of Justice logo. This booklet provides insights and analysis of the New Zealand Crime and Victims Survey (NZCVS) r...

10. [2019] NZEmpC 93 ITE v ALA [pdf, 278 KB]

    ...breach of the confidentiality provisions of a s 149 settlement agreement which the defendant was entitled to rely on. Further, there is evidence before the Court to support the defendant’s submission that non-publication orders are necessary to protect the defendant’s relationships with other organisations. It is also clear that the plaintiff’s actions have had a significant negative impact on staff whom he used to work with. That is unsurprising, having regard to the evide...