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1. Sisley & Anor v CAC301 & Anor [2015] NZREADT 50 [pdf, 225 KB]

   ...Fergusson Lockwood report; and the measures they took in terms of storage of the report and oral directions to Ms Hodgson for its confidentiality proved to be quite inadequate. On the other hand, there was a practice for staff at the agency to accord privacy to items in Mr Lissington’s desk drawers; Ms Hodgson knew that; Ms Hodgson was well aware of her duty of confidentiality to the appellants, her employer, and the vendors; and we can understand the licensees relying on her integrity...

2. Carley (INZ) v B [2015] NZIACDT 96 (17 November 2015) [pdf, 179 KB]

   ...passwords to emails accounts to the employee, and she used that email account to send the forgeries to herself. That, for obvious reasons, would be a surprising thing to do. He endeavoured to explain his decision to compromise his and his wife’s privacy on the basis they did not use email very much at the time. It is a far from compelling explanation. The information technology experts neither eliminate nor confirm the employee was using the email accounts. [53] In relation to the appl...

3. Ms L v REAA Registrar [2013] NZREADT 47 [pdf, 168 KB]

   ...with all parties to a transaction, and to not engage in conduct likely to bring the industry into disrepute. [39] In Revill, we noted the trust which consumers place in sales people: “[22] ... Real estate salespersons typically operate in the privacy of their clients’ homes. Indeed they are required to, for example in providing appraisals. This requires consumers to place a high degree of trust in licensees and could leave consumers in a vulnerable position ...” The Formal Su...

4. Waikato Bay of Plenty Standards Committee v A [2014] NZLCDT 77 [pdf, 581 KB]

   ...day of November 2014 BJ Kendall Chairperson ADDENDUM – NON PUBLICATION ORDER The Tribunal notes that counsel agree and find that it is proper, having regard to the interests of the practitioner and the complainant, including the privacy of the complainant and having regard to the public interest, to make and hereby makes an order pursuant to s 240, prohibiting the publication of the name or any particulars of the affairs of the complainant and the practitioner....

5. Hawkes Bay Standards Committee v Heaphy [2014] NZLCDT 61 [pdf, 343 KB]

   ...circumstances, a practitioner is bound to disclose to the client all information received by the practitioner, which relates to the client’s affairs. There are certain exceptions, which include cases where one of the reasons are set out in ss 27-29 of the Privacy Act 1993 provides good reason to refuse a request from the client for access. [59] The commentary expands upon this rule and then refers to the decision of McKaskell v Benseman.6 This decision was also relied upon by Mr Col...

6. CAC20005 v Peng [2015] NZREADT 4 [pdf, 227 KB]

   ...information must be confidential personal information. The prosecution submits that the text message and commission statement are personal information; and that personal information has predominantly been given a wide interpretation in cases involving the Privacy Act 1993, and what constitutes personal information is often context dependent. In the case of CBN v McKenzie Associate, Decision No. 48/04, 30 September 2004 the Human Rights Review Tribunal observed: “[11] ... there is no &...

7. Director of Proceedings v Radius Residential Care Ltd [2015] NZHRRT 50 [pdf, 310 KB]

   ...documentation of ongoing evaluation and dressing changes. These processes will be completed on the Wound Assessment/Care Plan/Evaluation form. All wound care interventions are to be conducted in a manner which protects the clients [sic] right to privacy and dignity. Clients, family/whanau [sic] are to be involved in wound assessment and care planning and interventions are to be acceptable to the client…… Wound care is to be delivered in accordance with this policy and in acc...

8. Apatu v Trustees of Owhaoko C Trust - Owhaoko C 1 and C 2 [2010] 2010 Maori Appellate Court MB 34 (2010 APPEAL 34) [pdf, 116 KB]

   ...as to rights which require assistance, for example, from a solicitor, the trustee is not bound to incur the costs of this unless the beneficiary is willing to pay the reasonable costs of complying. (i) Where serious issues of confidentiality or privacy arise, the withholding of documents may be justified. (j) In exceptional cases the Courts have jurisdiction to exercise their supervisory power in favour of an applicant who has yet to be determined to be a beneficiary.” (pp 545-546)...

9. Smith - Waiomu 3B2B2B3B2(2015) 105 Waikato Maniapoto MB 12 (105 WMN 5) [pdf, 185 KB]

   ...frontage to either the Dehar area or the Beynon area. [23] At the site visit it became clear that the issues remaining to be resolved were the following: a) Noise pollution concerns from increased traffic as development proceeds on B2; b) Privacy concerns; c) Reducing speed of drivers as they enter the access way; d) Maintenance of the access way; e) Improving storm water drainage issues from water run-off from the existing developments on B2; 105 Waikato Maniapoto MB 18...

10. New Zealand Law Society v Faleauto [2009] NZLCDT 19 [pdf, 180 KB]

    ...for payments with some unusual claims made to the A family in H (variously, the danger of public officials, cheating by the state and police, the risk of defence lawyers being replaced by other lawyers the state or police could influence, lack of privacy from the government, higher chance of conviction when on legal aid, and the need to disclose defence case to government to get funding). This behaviour is well below the professional standard required of a barrister and solicitor o...