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1. BORA Disability (United Nations Convention on the Rights of Persons with Disabilities) Bill [pdf, 227 KB]

   ...or fiduciary offices based their status under mental health legislation. The amendments either do away with an automatic disqualification for a mental disorder or replace it with a test based on the exercise of certain powers by a Court under the Protection of Personal and Property Rights Act 1988 ('the PPPRA'). 8. Recently, in respect of the Auckland Regional Amenities Funding Bill (the 'ARAF Bill'), we considered a provision under which a member of the funding board...

2. N v I [2018] NZIACDT 19 (18 June 2018) [pdf, 213 KB]

   ...Disciplinary Tribunal (HPDT) in Re Tolland [2010] NZHPDT 325 (9 September 2010). The HPDT observed at [39]: Negligence, in the professional disciplinary context, does not require the prosecution to prove that there has been a breach of a duty of care and damage arising out of this as would be required in a civil claim. Rather, it requires an analysis as to whether the conduct complained of amount to a breach of duty in a professional setting by the practitioner. The test is whether o...

3. [2023] NZREADT 34 - IX v REAA (CAC2102) (8 December 2023) [pdf, 98 KB]

   ...12 Moseley v Real Estate Agents Authority (CAC 1907) [2021] NZREADT 19 at [59]. 13 Mr O (also known as X) v Complaints Assessment Committee 10028 [2011] NZREADT 2 at [32]–[33]. 6 dishonesty. It could not be said that the public need protecting from the licensee to the extent that her wellbeing would likely be seriously jeopardised. [24] On the basis of the new evidence, which was not presented to the Committee, we find the Committee’s order to publish its decisions sta...

4. LCRO 113/2013 AB v EF (3 August 2017) [pdf, 145 KB]

   ...AB applied for a review of the Committee’s determination. He said:4 … the decision is deeply flawed in its methodology and … it follows that the Committee’s decision to absolve Mr EF of any and all responsibility for his actions is both careless and null and void. [14] His issue with the methodology would appear to be that the Committee did not direct Mr EF to answer each and every aspect of Mr AB’s complaints and the determination was so unreasonable as to amount to “a d...

5. BORA Rugby World Cup 2011 (Empowering) Bill [pdf, 319 KB]

   ...adverse effect on the environment or a serious prejudicial effect on the proper conduct of the Rugby World Cup. 7. We have considered whether the types of activities that would fall within the ambit of cl (1)(b) are of a nature that attracts the protection of s 14 of the Bill of Rights Act. We note that for the purpose of the Bill the term activity is defined narrowly as “a use, trade, business, occupation and service that is undertaken or conducted for or in connection with the R...

6. FCA Judicial appointment information booklet [pdf, 615 KB]

   ...2023. Sections 7A to 7K (inclusive) of the Family Court Act 1980 provide the legislative framework to establish the role. Included are sections prescribing the appointment process and criteria for appointment, the term of appointment and immunity protections for a Family Court Associate. A Family Court Associate will fulfil a vitally important role in the hierarchy of decision-making in the Family Court. A Family Court Associate will be empowered to take on some of a Family Court judge’...

7. LCRO 137-2016 HA v TY Decision [pdf, 100 KB]

   ...ensure proper discovery might be considered an aspect of the duty not to mislead the Court. It is a positive duty and an ongoing one”. [8] The importance of this duty is reflected in the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) relating to discovery2 which include a positive obligation on a lawyer to:3 advise the client of the scope of the client’s obligations in respect of discovery, including the continuing nature of those oblig...

8. 2022-03-02 Hearing Notice - PC8 (Urban Provisions) - Commencing Monday 21 March 2022 - updated [pdf, 255 KB]

   ...(Queenstown), PO Box 201, DX ZP95010, Queenstown Interested Party S274 Phil Murray Resource Management Ltd Phil Murray Resource Management Ltd Interested Party S274 Pine Terrace Ltd Nicole Dowling Interested Party S274 Pomahaka Water Care Group Pomahaka Water Care Group Interested Party S274 Puketoi Farming Company Ltd Puketoi Farming Company Ltd Interested Party S274 Queenstown Lakes District Council Brandon Watts, Meredith Connell, PO Box 90750, Auckland...

9. Central Standards Committee 3 v Bong [2023] NZLCDT 24 (8 June 2023) [pdf, 130 KB]

   ...dishonourable by lawyers of good standing. Alternatively, the Standards Committee must establish a wilful or reckless breach of the LCA or the Rules, in this case, a breach of r 11.4 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. (b) The alternative of negligence or incompetence requires that the negligence or incompetence must be of such a degree as to reflect on the practitioner’s fitness to practice, or as to bring the profession into...

10. Auckland Standards Committee 2 v Burton [2023] NZLCDT 23 (26 May 2023) [pdf, 98 KB]

    ...profession. [26] We do not propose to treat the previous unsatisfactory conduct finding as aggravating (having taken place contemporaneously with the present). But we are troubled that a pattern of behaviour may be emerging at the late stages of the career of this otherwise valuable and long-serving member of the profession. Mr Burton is 76 years old and has been in practice, (in a poorer socio-economic part of Auckland) for 52 years. He told us that he routinely had been working...