Search Results

1. [2020] NZIACDT 19 - DMX v Guich (11 May 2020) [pdf, 112 KB]

   ...complaint under the Act, and breached the Code in the following respects: (1) filing an appeal out of time as a result of calculating an incorrect timeframe of 47 days, this being negligence or alternatively, a failure to exercise diligence and due care in breach of cl 1; and (2) failing to return all documents to the complainant upon request, in breach of cl 26(f). JURISDICTION AND PROCEDURE [37] The grounds for a complaint to the Registrar made against an immigration adviser...

2. LCRO 55/2017 L DA and O DA v UE [pdf, 150 KB]

   ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [20] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that neces...

3. Family Court Rewrite Submission - Isabel Aldiss [pdf, 149 KB]

   ...comprehensive literature review of CIP. We need a culturally responsive process if children are to be included in mediation. Caution is needed when involving children in the FDR process because of their vulnerability. FairWay has implemented child protection policies for all its staff and contractors. FairWay FDR process is child responsive process and is focused on child safety. This child inclusive mediation process is created by the exploration of the child’s life and the generat...

4. [2015] NZEmpC 17 ALLWAZE Designs Ltd v Cawthorne [pdf, 112 KB]

   ...unable to meet an adverse award of costs. That must be taken as contemplating also that an order for substantial security may, in effect, prevent the plaintiff from pursuing the claim. An order having that the effect should be made only after careful consideration and in a case in which the claim has little chance of success. Access to the Courts for a genuine plaintiff is not lightly to be denied. [16] Of course, the interests of defendants must also be weighed. They must be...

5. O v I [2018] NZIACDT 23 (18 June 2018) [pdf, 231 KB]

   ...varied, but duties of competence, application of skill, honesty, disclosure and propriety are shared by a wide range of professionals. Immigration advisers have much in common with other professionals. Section 3 of the Act affirms it is intended to protect the interests of consumers receiving immigration advice, which corresponds to the duties other professionals have to the public engaging their services. [24] In a professional disciplinary setting, it is generally necessary to...

6. LCRO 195/2016 AJR v BKT (29 October 2018) [pdf, 159 KB]

   ...flash drives. However, assuming “some of the documents held on the hard drives may arguably relate solely to other persons”, the problem remained: how to identify and delete information that did not form part of the companies’ records so as to protect the information of concern to Mr AJR. 2 [REDACTED] 3 [11] Throughout the course of the liquidator’s proceedings against Mr AJR and others, correspondence was exchanged betwe...

7. BORA Border Security Bill [pdf, 72 KB]

   ...personal information, it impinges upon reasonable expectations of privacy in relation to that information which members of the public, and travel industry operators, would have. There is, therefore, a prima facie infringement of s 21 BORA, which protects everyone against unreasonable search or seizure. Information in relation to craft and goods 10. To the extent that the new provisions allow Customs authorities wide access to information held by travel industry operators about craft an...

8. [2019] NZEnvC 109 Ngati Pukenga ki Pakikaikutu v Heritage NZ Pouhere Taonga [pdf, 6.8 MB]

   ...century which has resulted in the destruction of many archaeological and other sites of significance to them. 4 [8] As for this Site, Mr Parata claims that it has special significance to him and that he has been entrusted by his kuia with its protection. Further, Dr Des Kahotea, an archaeologist and anthropologist who was called by Ngati Pukenga to give evidence, considers that the Site includes an archaeological platform. [9] While Heritage NZ and Ms Scott acknowledge that the...

9. LCRO 18/2017 LK v NM [pdf, 233 KB]

   ...(j) he is entitled to compensation for loss, including the costs paid to the opposing party. The hearing [22] Both parties and counsel attended a hearing on 15 February 2018 in Auckland. Mr NM had the assistance of an interpreter. [23] I have carefully read the parties’ submissions, the Committee file, and the Committee decision. I have also had the benefit of hearing extensively from the parties and of having opportunity to traverse the issues raised on review with them. Natu...

10. Victims of crime in the adult criminal justice system: a stocktake of the literature [pdf, 1.1 MB]

    ...instruments have been developed and implemented in some jurisdictions around the world. They are variously referred to as Victims’ Rights Acts, Charters, Codes of Practice, Protocols or Guidelines. These constitute the main state response aimed at protecting victims’ rights and achieving adequate standards of care. • Victims’ rights provisions accommodated in New Zealand’s legislation are consistent with international best practice, with further reforms being proposed. However...