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1. BORA Biosecurity Law Reform Bill [pdf, 335 KB]

   ...liability offences, as reversing the onus may be an appropriate way to deter offending and/or hold people accountable for their failure to comply. • The offences relate to certain activities that require the participant to display a level of care where failure to display that care may lead to harm to the public. Reversing the onus can be justified where the penalty faced is at the lower end of the scale and where the information that goes to the defence is peculiarly within the knowl...

2. LCRO 80/2022 NL v EB (23 July 2024) [pdf, 237 KB]

   ...that she would commission, and act in accordance with, a barrister’s opinion. She advised that she would deduct the cost of obtaining the opinion from company funds. [75] Ms NL was venturing into territory that she should have been extremely careful to avoid. The Letter of Engagement did not include work of this nature. Mr EF’s complaints that Ms NL had involved herself in interpreting and ‘enforcing’ the Settlement Agreement were justified. It is likely that her involvement...

3. [2021] NZACC 102 – Broad v ACC (16 November 2021) [pdf, 632 KB]

   ...child at Taranaki Base Hospital on 22 November 2007. Background [2] The appellant was admitted to the delivery suite at Taranaki Base Hospital at 10.05 am on 22 November 2007 and gave birth of her third child at 12.03 pm. Her lead maternity carer was midwife Belinda Chapman. [3] The appellant, who is herself a registered nurse, was accompanied that day by her mother Barbara Crombie and her husband Grant Broad. Written statements from them, as well as Ms Chapman as to wha...

4. [2023] NZEmpC 232 Ministry of Business, Innovation and Employment v Duan [pdf, 265 KB]

   ...resolves a challenge by the Ministry of Business, Innovation and Employment (MBIE) to a determination of the Employment Relations Authority. The Authority found Ms Duan was entitled to paid parental leave under the Parental Leave and Employment Protection Act 1987 (PLEPA), even though her application to take that leave was for a period commencing more than five months after her baby was born, during which Ms Duan had been working.1 1 Duan v Ministry of Business, Innovation and...

5. U v I [2018] NZIACDT 21 (18 June 2018) [pdf, 250 KB]

   ...timely manner. IPT appeal On 18 April 2017 the Adviser sent the Complainant an email attaching a copy of INZ's letter declining the application. The Adviser informed the Complainant that he had the option to file an appeal to the Immigration Protection Tribunal. The Complainant sent the Adviser an email in response in which he stated: We applied under this position as advised by you as you were confident that you can relate this to my position and still it had been declined. I...

6. INZ (Gilray) v Singh [2019] NZIACDT 53 (29 July 2019) [pdf, 212 KB]

   ...that the staff of the consultancy were constantly at risk of providing unlicensed immigration advice. If Mr Singh’s conduct breached cl 1 of the Code, which was accepted, then he had also acted in breach of cl 3(c). He had not exercised due care. This was an inadvertent breach. His conduct was not a deliberate violation of the professional standards. He had made simple mistakes. 5 [22] In relation to cl 2(e), Mr Moses noted that no evidence had been obtained of the c...

7. Complaints Assessment Committee 408 v Colin Boyer [2017] NZREADT 43 [pdf, 199 KB]

   ...is also voluntarily suspended. [10] The principles applicable to penalty: 10.1 It is well established that penalty decisions of professional disciplinary tribunals should emphasise both the maintenance of proper professional standards and the protection of the public through specific and general deterrence. While this may result in orders having a punitive effect, this is not their primary purpose. 1 10.2 This is consistent with the purposes of the Act in s2 to “promote and...

8. National Standards Committee 1 v Grey [2024] NZLCDT 36 (15 November 2024) [pdf, 193 KB]

   ...duties of a lawyer is to “…uphold the rule of law and… facilitate the administration of justice in New Zealand”. [2] Ms Grey is before the Tribunal because (as she accepts) she breached the term of a suppression order. The order was to protect the identity of her clients’ infant child. [3] Ms Grey is adamant that she would never intentionally breach a suppression order, but that her errors arose as “slips” during two interviews following a high pressured and very...

9. Supervised Contact Quality Practice Framework [pdf, 762 KB]

   ...information, whether it’s a website, pamphlet, or other educational material. Note: These themes need to be clearly repeated and reinforced in all subsequent communication with parents. Intake and assessment Intake Preparation for SC involves a careful and thorough intake and assessment process. It needs to identify and give due respect to the distinctive needs and perspectives of the day-to-day caregivers, the children involved and the visiting caregiver(s). The purpose...

10. FINAL_FLS_Lawyer-for-Child-Best_practice_guidelines_29.4.24.02.pdf [pdf, 432 KB]

    LAWYER FOR THE CHILD BEST PRACTICE GUIDELINES ACTING FOR CHILDREN UNDER THE CARE OF CHILDREN ACT 2004 AND THE ORANGA TAMARIKI ACT 1989 1. INTRODUCTION 1.1 The appointment of a lawyer to represent a child occurs under the specific legislation the proceeding has been brought. 1.2 In all proceedings in the Family Court, the role of lawyer for the child as described in these guidelines is prescribed by section 9B of the Family Court Act 1980 and guided by the United...