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1. BORA Motor Vehicle Sales Amendment Bill [pdf, 377 KB]

   ...4. The penalty for this offence, prescribed in section 118 of the Act, is $50,000 for an individual and $200,000 for a body corporate. 5. We have considered whether this clause is a prima facie breach of section 9 of the Bill of Rights Act, which protects the right not to be subjected to disproportionately severe punishment. We note that the penalty is high for an offence which we consider is regulatory in nature. We further note that, while other sections in the Motor Vehicle Sales Act a...

2. McCreath v Attorney-General (Interim Non-Publication Order) [2014] NZHRRT 59 [pdf, 46 KB]

   ...granted the court or tribunal must identify and weigh the interests of both the public and the individual seeking publication. [11] In the present case the affidavits by Nurse A and Nurse B establish: [11.1] They provided immediate and appropriate care to Mr McCreath and appear to have been named as defendants simply because their initials appear in the Controlled Drugs signing sheet as having administered controlled medication to Mr McCreath on 21 April 2012. Their names were provided...

3. TL v NM LCRO 34 / 2012 (18 January 2013) [pdf, 77 KB]

   ...to the agent (CCD) who acted for the vendor and who had prepared it. [3] The Standards Committee found that this conduct was unsatisfactory as “a technical breach of Rule 8 (and associated footnote 9)” of the Rules of Conduct and Client Care for Lawyers (Rules). Rule 8 provides: 2 A lawyer has a duty to protect and to hold in strict confidence all information concerning a client, the retainer, and the client’s business and affairs acquired in the course of th...

4. LCRO 149/2023 HV v BQ (29 April 2024) [pdf, 136 KB]

   ...not warranted. [3] The unsatisfactory conduct finding I have already made was a cumulative one but I would have made it just for the breach of r 3.4(a). The requirement to explain the basis on which fees will be charged is an important consumer protection measure. [4] Where there is either a fee agreement or a unilateral commitment to charge fees by reference to a formula, it is even more important that an explanation be given and in a manner that complies with r 1.6 of the Rules....

5. LCRO 225/2015 MM v QK (24 July 2018) [pdf, 194 KB]

   ...Notice of Hearing issued by the Committee identified the issues to be addressed as follows: (a) “Whether Mr QK’s letter of 27 August 2014 … breached rules 2.3 and/or 2.7 of the” Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). (b) “Alternatively, if there has been no breach of … rules 2.3 and/or 2.7 whether Mr QK’s conduct is nevertheless unsatisfactory conduct under section 12(b) and/or (c)” of the Lawyers and Conveyancers...

6. [2019] NZEmpC 140 Sfizio Ltd v Mawhinney [pdf, 404 KB]

   ...been met and, if so, how the Court’s discretion should be exercised under r 5.45(2). [10] In exercising its broad discretion the Court must have regard to the overall justice of the case, and the respective interests of both parties are to be carefully weighed. The balancing exercise was summarised by the Court of Appeal in A S McLachlan Ltd v MEL Network Ltd as follows: The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse a...

7. Legal aid factsheet on changes to manage legal aid spending - April 2011 [pdf, 114 KB]

   ...single adult and $50,934 for an adult with two dependants). SUSTAINABLE LEGAL AID 2 Family The number of family legal aid grants has been growing since 2007-08, particularly in cases involving children. Between 2006-07 and 2009-10, grants for care of children proceedings increased by 39%, compared to a 16% increase in the number of care of children applications in the Family Court. It appears the change in the eligibility test has expanded the share of family cases receiving legal...

8. [2011] NZEmpC 137 Service and Food Workers Union Nga Ringa Tota Inc v PACT Group Charitable Trust [pdf, 61 KB]

   ...unions contend was required. [6] The work of the employees includes supporting service users with mental health issues in residential facilities including those service users who have been detained under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003. The defendant operates such residential facilities throughout the southern region of the South Island. The unions and the employer have been engaged unsuccessfully for some months in collective bargaining a...

9. [2021] NZEmpC 133 Ngawaka v Global Security Solutions Ltd [pdf, 186 KB]

   ...be unable to pay the defendant’s costs if the plaintiff’s claim fails.7 The power is discretionary and broad. In exercising the discretion regard must be had to the overall justice of the case, and the interests of both parties need to be carefully weighed up. The required balancing exercise was summarised by the Court of Appeal at AS McLachlan Ltd v MEL Network Ltd as follows:8 [15] The rule itself contemplates an order for security where the plaintiff will be unable to...

10. National Standards Committee 1 v Peters [2020] NZLCDT 34 (27 October 2020) [pdf, 86 KB]

    ...found that the breach incorporated a breach of s 4 of the Act of the obligation to “uphold the rule of law and to facilitate the administration of justice in New Zealand”. And, to “act in accordance with all fiduciary duties and duties of care owed by lawyers to their clients”. [2] At the same time the decision was released we made an order suppressing publication of the decision, out of an abundance of caution, in order to preserve the fair trial rights of the accused whom...