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1. BORA Corrections Bill Appendix 1 [pdf, 136 KB]

   ...consideration of whether an arrest or form of detention is arbitrary or not involves more than a consideration as to whether the arrest or detention was lawful; it "must be interpreted more broadly to include elements of inappropriateness, injustice and lack of predictability" Van Alphen v The Netherlands[3]. 11. Any discretionary power to detain a person also needs to be accompanied by appropriate criteria governing its exercise so that the decision can be made with reference...

2. BORA Local Government (Auckland) Bill [pdf, 132 KB]

   ...Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissi...

3. MOJ0148.2 Application for access to court docs [pdf, 1.3 MB]

   ...form, you’ll need to print out step 3 (which needs your signature), sign it, then scan it. Contact details for courts are on the Ministry of Justice website at justice.govt.nz/contact- us/find-us What happens next? A Judge (or a Registrar in some matters) at the relevant court will then review your application. You will be contacted as soon as possible with their decision. APPLICATION FOR ACCESS TO COURT DOCUMENTS 5 Court use only Received by NAME & POSITION COURT NAME Date...

4. E Ltd v MN as trustee of NC Family Trust & OC [2024] NZDT 182 (22 July 2024) [pdf, 165 KB]

   ...date. [7] As a trustee at the time the applicant was instructed to provide the services and the work was performed and invoiced, Ms MN is liable to pay for the services she requested. If she has a claim against her former husband, that is a separate matter and is not grounds on which to withhold payment from the applicant. Referee: Hannan DTR Date: 24 July 2024 Page 2 of 2 Information for Parties Rehearings You can apply for a rehe...

5. BN & UN v ON [2023] NZDT 250 (21 June 2023) [pdf, 199 KB]

   ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...

6. BM & others as Trustees of D Family Trust v T Ltd [2024] NZDT 836 (4 October 2024) [pdf, 170 KB]

   ...decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised...

7. M Ltd v DN [2024] NZDT 863 (12 September 2024) [pdf, 92 KB]

   ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...

8. Civil law

   ...complaints process if they think their privacy has been breached. The Office of the Privacy Commissioner is an independent agency that investigates complaints, issues codes of practice, and makes recommendations for better privacy practices. The Ministry of Justice monitors the Office of the Privacy Commissioner. The privacy system also forms part of the broader human rights (domestic) regulatory system. Further information about privacy Tort Torts are common law actions where a person seeks co...

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   3. Regulatory systems and areas

9. Wood v Accident Compensation Corporation [2015] NZACA 13 [pdf, 201 KB]

   ...determined and that the principle of issue estoppel applied. I note that the reviewer determined the application pursuant to the renamed Accident Compensation Act 2001 (“the 2001 Act”), an Act which remains current. [22] Mr Wood again took the matter to the District Court. There was a hearing before Judge Cadenhead on 10 April 2003 and a judgment issued by him on 7 May 2003 (Wood v Accident Compensation Corporation DC Papakura 80/2003). Judge Cadenhead considered the appeal...

10. LCRO 94/2019 EL v UD (15 May 2020) [pdf, 190 KB]

    ...its investigation was to undertake a step by step analysis of what it had identified as the four key components of Mr EL’s complaint. [30] In my view, the first question to be considered, is the issue as to whether the concerns Mr EL raises are matters that properly fall to be addressed through the lawyers’ disciplinary processes. [31] Having given careful consideration to all of the information provided by Mr EL, I am strongly persuaded that Mr EL’s conduct complaint is, in...