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1. W v H [2015] NZIACDT 80 (10 August 2015) [pdf, 94 KB]

   ...breach of duty in a professional setting, by measuring the breach against real world standards where perfection is not attainable. A responsible body of a practitioner’s peers gives weight to the realities of day-to- day professional practice, and human error. Accordingly, a necessary element of the test is to determine whether any lapse is sufficiently serious to warrant upholding the complaint as a professional disciplinary matter. Though the statutory context is quite different, a rele...

2. Paterson - Ahiateatua A8B (2013) 31 Tairawhiti MB 109 (31 TRW 109) [pdf, 154 KB]

   ...the lease was renewed and that this matter would be discussed at the meeting. 7. A Land Suitability Report obtained by the applicant from the Gisborne District Council indicates that the land may be located within an area associated with human activity prior to 1900, and thus the applicant must alert the Historic Places Trust if any archaeological material is uncovered. It also has a Heritage Alert Layer over the block, but not within the area that is subject to this applicati...

3. BORA Taxation (Annual Rates, GST, Trans-Tasman Imputation and Miscellaneous Provision) Bill [pdf, 49 KB]

   ...of the Bill of Rights Act. Section 19(1) of the Bill of Rights Act: The right to freedom from discrimination 8. Section 19(1) of the Bill of Rights Act provides the right to freedom from discrimination on the grounds set out in section 21 of the Human Rights Act 1993. These grounds include: • "Marital status", which includes the status of being single, married, or living in a relationship in the nature of marriage; and • "Sexual orientation", which means a he...

4. BORA Historic Places Amendment Bill [pdf, 108 KB]

   ...to the Minister of Justice. A copy is also attached for referral to the Minister for Culture and Heritage, if you agree. Roger Palariet Acting Chief Legal Counsel Office of Legal Counsel Boris van Beusekom Senior Legal Adviser Bill of Rights/Human Rights Team cc: Minister of Justice Minister for Culture and Heritage Copy for your information In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the...

5. BORA Video Camera Surveillance (Temporary Measures) Bill [pdf, 320 KB]

   ...close attention to the consistency of the Bill with the right to be secure against unreasonable search and seizure as affirmed in s 21 of that Act. In light of the significant issues raised by the Bill in respect of that right, we have consulted the Human Rights team of the Crown Law Office. The Crown Law Office agrees with this advice. PURPOSE OF THE BILL 3. The Bill responds to the decision of the Supreme Court in Hamed & Ors v R, in which a majority of the Court held, inter ali...

6. CV v TND [2013] NZIACDT 20 (28 March 2013) [pdf, 92 KB]

   ...complaint being upheld without necessarily imposing a sanction. It follows that it is not necessary to find that a disciplinary sanction should be imposed to uphold a complaint. It is important to recognise that not every lapse or manifestation of human frailty should result in an adverse professional disciplinary finding. There will be occasions when advisers are responsible for a lapse from acceptable standards, but that still does not justify upholding a disciplinary complaint. [3...

7. BORA Fire and Emergency New Zealand Bill [pdf, 346 KB]

   ...of the Bill of Rights Act. Section 19 – Right to freedom from discrimination 18. Section 19(1) of the Bill of Rights Act provides that everyone has the right to freedom from discrimination on the grounds of discrimination set out in s 21 of the Human Rights Act 1993. These grounds include, inter alia, ‘disability’. 19. We note that cl 30 empowers the FENZ Board to require operational personnel to leave FENZ if that person is incapable of performing competently his or her duties a...

8. E v S [2017] NZIACDT 2 (13 March 2017) [pdf, 105 KB]

   ...breach of duty in a professional setting, by measuring the breach against real world standards where perfection is not attainable. A responsible body of a practitioner’s peers gives weight to the realities of day-to-day professional practice and human error. Accordingly, a necessary element of the test is to determine whether any lapse is sufficiently serious to warrant upholding the complaint as a professional disciplinary matter. Though the statutory context is quite different, a rel...

9. BORA Limited Partnerships Bill [pdf, 316 KB]

   ...27. Overall, we have formed the view that the Limited Partnerships Bill appears to be consistent with the Bill of Rights Act. Melanie Webb Manager, Ministerial Advice Office of Legal Counsel Margaret Dugdale Policy Manager Bill of Rights/Human Rights Team Footnotes 1 In applying section 5, we have had regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260; Moonen v Film and Literature Board of Review [2000] 2 NZLR 9...

10. Peters - Oriwa 1B1 (2010) 8 Taitokerau MB 210 (8 TTK 210) [pdf, 66 KB]

    ...kaumātua and kuia associated with the land there was never any mention of a wholesale wāhi tapu which prohibited building on the land. I also accept that the existence of middens does not automatically make the place a wāhi tapu. Middens signify human occupation and, in particular, the preparation of kai, which in itself is at odds with an area being a wāhi tapu. While I accept that middens may signify historical occupation of the land, there is no cogent evidence that this par...