Search Results

1. Standards Committee 1 v Hart [2011] NZLCDT 5 [pdf, 84 KB]

   ...For the Standards Committee Mr Collins argued that pursuant to section 238 of the Lawyers and Conveyancers Act 2006, the starting point is openness of proceedings. That section prescribes that hearings be held in public unless there is a proper privacy or other interest to be protected. Mr Collins argued that carried with it an expectation that Tribunal business is to be conducted in and available to the public. That provision is subject to section 240 which provides the jurisdicti...

2. 1982 Official Information Act charging guidelines [pdf, 28 KB]

   ...CHARGE 2.1 The amount of charge should be determined by: 2 (a) establishing what type of information has been requested: (i) if an identifiable natural person seeks access to personal information about that person then the request is governed by the Privacy Act 1993. These guidelines do not apply; (ii) these guidelines apply to all requests for official information, and requests by body corporates for personal information about that body corporate. (b) the aggregate amount of staff...

3. BORA Border Processing (Arrivals and Departures) Levy Bill [pdf, 302 KB]

   ...the Customs Act appear to provide for searches that are reasonable, by requiring documents to be produced within a reasonable period, and requiring the auditor to state the powers conferred on them by the section. • Reasonable expectations of privacy may not be so high in the highly regulated industry of international travel. [2] The audit regime is intended to apply to collection agents only, rather than individual travellers; effective regulation may legitimately require business-...

4. BORA Judicial Matters Bill [pdf, 309 KB]

   ...hearing] must be held in public", and implies that clause 28(2) (which allows hearings to be held in private) is to be the exception rather than the rule. Second, clauses 28 and 29 clearly indicate the balancing that must take place between the privacy of individuals and the public interest in the conduct and conclusions of the hearings. Third, the obligation under s 6 NZBORA to prefer a rights-consistent interpretation of the statutory discretions provided in clauses 28 and 29, in...

5. WA v XB LCRO 130/2012 (18 March 2015) [pdf, 33 KB]

   ...review reiterated her original complaints, cited various rules she considered Ms XB had broken, updated her compensation claim and claimed reduction in fees, and included further submissions and documentation. She sought remedies for breaches of privacy, over which this Office has no jurisdiction, again emphasising the content of the memorandum about which the Committee had already recorded a disciplinary finding. Ms WA believes she would have succeeded in her application to set j...

6. Hawke’s Bay Standards Committee v Dender [2017] NZLCDT 39 [pdf, 227 KB]

   ...family, Mr Dender had sought assistance from Dr Anne Walsh, a psychiatrist in Hawke’s Bay. Dr Walsh was clearly concerned about Mr Dender, however we have considered it proper to suppress the details of her report for reasons of Mr Dender’s privacy. Mr Dender also began counselling with a psychologist who reported to the Tribunal that, by the time of the penalty hearing, he had attended on her for assessment and therapy sessions on 23 occasions. The psychologist, Dr Farnswort...

7. Tata v Kara - Waiwhakaata 3E4C Lot 2A (2016)121 Waikato Maniapoto MB 2 (121 WMN 2) [pdf, 177 KB]

   ...raised a number of grounds upon which they oppose the application for non-party discovery. Those grounds include: (a) Omission of information; (b) Unauthorised access to information; (c) Return of trust property; (d) Imposition on rights of privacy; and (e) Basis for review of information. [20] I have taken into account the arguments raised by the first and second respondents. Most of those arguments are irrelevant and do not relate to the factors I must take into account...

8. Almero v Carlos [2017] NZIACDT 9 (27 July 2017) [pdf, 156 KB]

   ...4(a) requires that a licensed immigration adviser must preserve the confidentiality of the client. [19] The particulars provided by the Registrar particularly concern an e-mail of 20 November 2015 regarding refunds; the potential breach of privacy was copying that e-mail to other people. The Registrar contended that those other people were not authorised to receive a copy of the e-mail. However, the email was part of a series of communications, so the Tribunal cannot consider th...

9. BORA Organic Products Bill [pdf, 184 KB]

   ...cannot logically be demonstrably justified in a free and democratic society.4 14. Whether a search will be unreasonable turns on a number of factors, including the nature of the place or object being searched, the degree of intrusiveness into personal privacy and the rationale of the search.5 The greater the degree of intrusiveness, the greater the need for justification and attendant safeguards. 1 RJR MacDonald v Attorney-General of Canada (1995) 127 DLR (4th) 1. 2 Irwin Toy Ltd v A...

10. [2017] NZEmpC 76 Dent v Waikato DHB [pdf, 92 KB]

    ...these employees and related documents to come before the Court by being placed in a bundle of documents. It may well be that in any event, the other employees or former employees involved may not wish to give evidence, and serious issues of privacy and confidentiality arise. Accordingly, these documents are not to be included in the bundle. Ms Dent will need to deal with this evidence at the trial. [16] The final category of documents is classified as Policy Documents....