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1. Southon v Southon - Estate of Tame Southon [2008] Chief Judges MB 28 (2008 CJ 28) [pdf, 1.4 MB]

   ...whole of nn estate of whatsoever nature and wheresoever situate L PON TRUST to pay mv funeral and testamentary evpenses and debts and all death probate estate succession and other lthe duties pnable in respect of my estate and the legacy wpeutfied m Clause 3(b) above and to hold the residue then remainmg ( my 1esiduary estate ) LPON TRIUST for such of my grandchildren as <hall sursne me wnd tam the age of eighteen (18) years and if mote than one as tenants i common equally 3] The dec...

2. BORA Psychoactive Substances Bill [pdf, 334 KB]

   ...Crown Counsel Footnotes 1. Psychoactive substances are those capable of inducing a psychoactive effect on an individual (cl 9). They exclude food, herbal remedies, dietary supplements, alcohol, tobacco and controlled drugs. 2. Clause 34(b). 3. ‘Any search is a significant invasion of personal freedom. How significant it is will depend on the circumstances. There may be other values and interests, including law enforcement considerations, which weigh in the parti...

3. BORA New Zealand Superannuation Amendment Bill [pdf, 157 KB]

   LPA-01-01 25 March 2004 Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: NEW ZEALAND SUPERANNUATION AMENDMENT BILL 1. We have considered whether the New Zealand Superannuation Amendment Bill (the “Bill”) (PCO 5475/6) is consistent with the New Zealand Bill of Rights Act 1990 (“Bill of Rights Act”). We understand that the Bill will be considered by the Cabinet Legislation Committee at its meeting on Thursday, 1 Ap

4. BORA Citizenship Amendment Bill [pdf, 344 KB]

   ...2. In our view, the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. In reaching this conclusion, we considered potential issues of consistency with ss 19(1) (right to be free from discrimination) and 25(c) (presumption of innocence) of the Bill of Rights Act and assessed whether or not any limitations on these rights are justifiable under s 5 (Justified limitations) of that Act. To that end, we examined – following the guidance of the Supr...

5. BORA Ngati Mutunga Claims Settlement Bill [pdf, 356 KB]

   ...with the New Zealand Bill of Rights Act 1990 ("the Bill of Rights"). I advise that the Bill appears to be consistent with the Bill of Rights. 2. The Bill would effect a final settlement of the Ngati Mutunga historical claims (defined in clause 14). It excludes courts, judicial bodies and tribunals from considering the settlement and the historical claims (clause 15). The Waitangi Tribunal’s jurisdiction is specifically excluded (clause 16). Such bodies retain jurisdiction ove...

6. A Nair v Devi [2014] NZIACDT 32 (19 March 2014 ) [pdf, 147 KB]

   ...supported the conclusions that: [9.1] The adviser failed to manage her practice with professionalism by allowing a staff member to guarantee a successful application on engaging the adviser and making false allegations against Immigration New Zealand (Clause 1.1 of the Code of Conduct). [9.2] The adviser failed to confirm in writing when she lodged applications and did not provide timely updates (Clause 3(a) of the Code of Conduct). [9.3] The adviser failed to exercise due care and di...

7. Chung and Lok v Yap [2014] NZIACDT 66 (30 May 2014) [pdf, 149 KB]

   ...The Statement of Complaint [8] The Registrar filed a statement of complaint. It says the complainants lodged the complaint on wider grounds, but the Registrar identified material that supports the following grounds of complaint: [8.1] He breached clauses 2.1(b) and 3 of the Code in relation to staff management. [8.2] The adviser breached clause 1.1(a) of the Licensed Immigration Advisers Code of Conduct 2010 (the Code) in that he failed to perform his services with due care, diligence...

8. BORA National Animal Identification and Tracing Bill [pdf, 205 KB]

   ...The limitation is in due proportion to the importance of that objective. 53. Accordingly, we have concluded that cls 131, 132, 133 and 134 appear to be justified under s 5 of the Bill of Rights Act. Other issues 54. We note that a number of clauses in the Bill require the provision of information, e.g. cls 13 (NAIT organisation to provide Minister with requested information), 22 (NAIT organisation must keep register of information providers and accredited persons dealing with NAIT a...

9. AFS and AFT v ZUD and ZUE [2013] NZDT 348 (2 July 2013) [pdf, 104 KB]

   ...http://www.lexisnexis.com/nz/legal/search/runRemoteLink.do?A=0.410497189981475&bct=A&service=citation&risb=21_T17700061417&langcountry=NZ&linkInfo=F%2523NZ%2523NZLR%2523vol%252%25sel1%251999%25page%25686%25year%251999%25sel2%252%25 on settlement date. This is so because the warranties that are alleged to have been breached were made “at the giving and taking of possession” (clause 6.2), which occurs on settlement date. [13] Settlement date was on...

10. Consultation response report [pdf, 745 KB]

    ........................................................................................................................... 3 Fixed fee payments ............................................................................................................................. 5 Complaint notification ......................................................................................................................... 6 Consultation proposal-Practice Standards for Legal Aid Providers ..............