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1. 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...

2. 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...

3. Otago Standards Committee v Klinkert [2014] NZLCDT 60 [pdf, 85 KB]

   ...Sorensen v New Zealand Law Society (Auckland Standards Committee No. 2) in support of that submission. 7 “Despite the seriousness of the Appellant’s misconduct, I am satisfied that a lesser penalty than an order to strike off is sufficient to protect the public in the future. The Appellant’s lack of disciplinary history and the evidence contained in the references indicate that this was a “one off” incident.” where the High Court held at [43] that: Counsel said furth...

4. TX v NE LCRO 03 / 2012 (18 February 2013) [pdf, 121 KB]

   ...be some doubt as to the competence of an elderly person and this review concerns the question of what is the appropriate course of conduct for a lawyer faced with such uncertainty. Regrettably conflict between family members in respect of the care and protection of elderly members of the family is not uncommon. At the root of this complaint is the conflict between ND and the Applicant. On the one hand the Applicant considers that ND was acting in his own interests and not using his...

5. LCRO 03/2012 TX v NE [pdf, 221 KB]

   ...be some doubt as to the competence of an elderly person and this review concerns the question of what is the appropriate course of conduct for a lawyer faced with such uncertainty. Regrettably conflict between family members in respect of the care and protection of elderly members of the family is not uncommon. At the root of this complaint is the conflict between ND and the Applicant. On the one hand the Applicant considers that ND was acting in his own interests and not using his...

6. BORA Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill [pdf, 174 KB]

   ...economic zone or continental shelf where those activities may have effects on the environment and on existing interests. 4. The Bill gives effect to New Zealand’s obligations under the United Nations Convention on the Law of the Sea to manage and protect the natural resources of the EEZ. The Bill aims to achieve a balance between economic development and the protection of the environment and existing interests. It also includes a general duty for adverse effects to be avoided, remedi...

7. BORA Hurunui/Kaikōura Earthquakes Recovery Bill [pdf, 197 KB]

   ...into question in any Court. 6. Judicial review is an essential mechanism for maintaining the rule of law. The right to apply for judicial review should therefore be limited only in the rarest of situations where there is compelling reason and after careful consideration. 7. We have also taken into account the extraordinary circumstances the Bill seeks to address and the safeguards included in the Bill. 8. In our view, the justifications for the limit imposed on the right to judicial r...

8. Waikato Bay of Plenty Standards Committee v Parlane [2010] NZLCDT 26 [pdf, 110 KB]

   ...submitted that there were two themes that arose from Mr Parlane’s conduct. First, that Mr Parlane was out of control professionally, and second, that Mr Parlane had no insight into his professional failings, which reinforced the need to protect the public. [8] Mr Parlane’s conduct complained of, which was a continuing course of conduct over an extended period of months, and his views expressed to the Tribunal since, support that submission in the Tribunal’s view....

9. Legal Complaints Review Officer v Denee [2011] NZLCDT 6 [pdf, 74 KB]

   ...profession, the Courts have held that it is in the interests of the public to know about proceedings affecting a practitioner; that the Tribunal is required to consider “the extent to which publication of the proceedings would provide some degree of protection to the public or profession” and weigh this against the interests of the practitioner (and others); that the discretion is unfettered but must have regard to the principles of the legislation; and that there is a presumpti...

10. [2024] NZEnvC 141 Van Den Brink Group v Waikato District Council [pdf, 401 KB]

    ...Reduce the setbacks from rivers in the Commercial Zone: This option would reduce the setback distance from rivers (other than the Waikato and Waipa rivers) in the Commercial Zone from 27.5m to 23m. The preferred option is Option 2 because: (c) Careful consideration has been given to both the impacts of the setback on the ability to use and develop commercial land adjoining rivers as well as the protection of the amenity of these rivers and their surrounding environment, their water qu...