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1. BORA Freedom Camping Bill [pdf, 321 KB]

   ...residents and costs for local authorities and the Department of Conservation. 4. The Bill achieves its purpose by creating an infringement regime in relation to freedom camping on local authority controlled and public conservation land, in order to protect the environment, health and safety and access to public places and sites of significance for public enjoyment. It allows for camping to generally be permitted unless restricted or prohibited either through local government bylaws or th...

2. INZ (Gilray) v Croxson [2019] NZIACDT 79 (9 December 2019) Sanctions [pdf, 117 KB]

   ...there was no lack of probity on his part 2 Immigration Advisers Licensing Act 2007, s 7(1). 4 nor was the quality of his own work (finalising and filing the applications) substandard or lacking in care. [16] Mr Croxson was also found to have failed to enter into written service agreements with the two clients and to have failed to personally provide and explain to them a summary of his responsibilities, the Code, his complaints proce...

3. BORA Anti-Money Laundering and Countering Financing of Terrorism Bill [pdf, 313 KB]

   ...21. 3.2 The Bill provides for a number of offences for failure to comply with various obligations without reasonable excuse (clauses 104, 105, 108 and 109), thereby placing an evidential onus on the accused, contrary to the presumption of innocence protected by s 25(c). 3.3 The Bill provides for a civil pecuniary penalty in respect of civil liability acts (clause 88). As this penalty is similar to other penalties in the Bill that are expressed as criminal, it raises the issue as to whet...

4. [2020] NZIACDT 33 - RV v Aiolupotea (27 July 2020) [pdf, 208 KB]

   ...material discussions, in breach of cl 26(c); and (3) failed to provide the full client file to the Authority, in breach of cl 26(e). (4) failed to respond to the letter of 8 March 2018, thereby being unprofessional and lacking diligence and due care, in breach of cl 1; and (5) failed to inform the complainant of the decline of his visa application or provide advice regarding his unlawful status, thereby being unprofessional, in breach of cl 1. 4 [15] Furthermore, Mr Aiolupote...

5. International Covenant on Civil and Political Rights - list of issues 6th report [pdf, 51 KB]

   ...situation, including new measures and developments relating to the implementation of the Covenant 1. Please provide detailed information on any significant developments in the legal and institutional framework within which human rights are promoted and protected at the national level that have taken place since the previous periodic report, including any relevant case law. Please also provide information on measures adopted to disseminate the Covenant among judges, lawyers and prosecuto...

6. INZ (Calder) v Ji [2019] NZIACDT 68 (1 October 2019) Sanctions [pdf, 119 KB]

   ...communicating with the client through multiple entities, including a company in another country which was not part of Mr Ji’s employer. Such a business structure meant that he had been neither professional nor diligent, had he conducted himself with due care. In respect of the provision of false documentation to Immigration New Zealand, while he did not know the documents were false, he had been negligent in the way the documents had been obtained and provided to the agency. His...

7. LCRO 03/2012 TX v NE [pdf, 221 KB]

   ...be some doubt as to the competence of an elderly person and this review concerns the question of what is the appropriate course of conduct for a lawyer faced with such uncertainty. Regrettably conflict between family members in respect of the care and protection of elderly members of the family is not uncommon. At the root of this complaint is the conflict between ND and the Applicant. On the one hand the Applicant considers that ND was acting in his own interests and not using his...

8. Govt-Response-to-Petition-of-Pandora-Black-Repeal-S19-PRA-2003-FINAL-v2.pdf [pdf, 347 KB]

   ...Petition). Background 2 The Petition, submitted by sex worker and activist Pandora Black, requests that the House of Representatives pass legislation to repeal section 19 of the Prostitution Reform Act 2003 (the Act) and apply the same rights and legal protections to migrant sex workers who are on a work visa as given to citizens. 3 The Act decriminalised prostitution for most people in New Zealand. It allows sex workers to benefit from ordinary employment relationships, the enforce...

9. Otago Standards Committee v Klinkert [2014] NZLCDT 60 [pdf, 85 KB]

   ...summary are: (a) In 2006 the practitioner was acting for the parents of J. J held powers of attorney for his parents (the Zs). Previously, in 2005 the parents had applied to Work and Income New Zealand (“WINZ”) for a Residential 3 Care Subsidy (the “Subsidy”) that was declined because their assets exceeded the relevant statutory threshold. (b) The practitioner was instructed by J to pursue an action against a Dunedin firm of Solicitors who had undertaken asset pla...

10. Asad v Patel [2014] NZIACDT 61 (30 April 2014) [pdf, 138 KB]

    ...the complaint on wider grounds, but the Registrar identified material that supports the following grounds of complaint: [5.1] The adviser breached the Licensed Immigration Advisers Code of Conduct 2010, in that he breached his duties: [5.1.1] Of care, diligence, respect and professionalism under the Code of Conduct, in performing his services and his obligation to comply with immigration legislation (clause 1.1(a)) and clause 2.1(b)); [5.1.2] To complete the professional engagement p...