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1. BORA Public Finance (State Sector Management) Bill [pdf, 48 KB]

   ...that contains a reverse onus whereby the accused must prove something in order to escape liability (clause 207). We are of the opinion that this provision constitutes a "justified limitation" on the right to be presumed innocent that is protected by section 25(c) of the Bill of Rights Act. In reaching this view, we have taken into consideration the fact that the offence in question may be described as public welfare regulatory in nature, the penalties are at the lower end of the...

2. KL v WS LCRO 160/2013 Penalty (15 June 2016) [pdf, 38 KB]

   ...record a determination made pursuant to ss 211(1)(b) and 152(2)(b)(i) that there has been unsatisfactory conduct on the part of Ms WS pursuant to s 12(c) consisting of contraventions of Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 3.4, 3.5, 9.3 and 14.2(e); and (b) otherwise confirmed. 2 [2] The parties were offered the opportunity to file submissions in relation to orders that might be made pursuant to s 156 of the Act by 29 June 2016, and an extens...

3. [2015] NZEmpC 30 Wills v Goodman Fielder NZ Ltd costs [pdf, 99 KB]

   ...“steely” approach is required in this jurisdiction where reasonable settlement proposals have been rejected. 7 [19] For the defendant it is submitted that in this instance the plaintiff is relying on the Calderbank offer not as a shield to protect his position on costs, but as a sword to 6 New Zealand Meatworkers & Related Trade Union Incorporated v Alliance Group Limited [2015] NZEmpC 16. 7 Health Waikato v Elmsley, abo...

4. Waikato Bay of Plenty Standards Committee 2 v Mr M [2016] NZLCDT 34 [pdf, 42 KB]

   ...decision of 6 September 2016 we found Mr M guilty of one charge of negligence such as to tend to bring the profession into disrepute. We found Mr M to have been well motivated but that he had breached a number of Rules under the Client and Conduct Care Rules, Lawyers and Conveyancers Act 2006. [2] The background to this conduct is set out in our September decision. Submissions of the Standards Committee [3] The Standards Committee submitted that the seriousness of the conduct jus...

5. BORA Crimes Amendment Bill No.5 [pdf, 94 KB]

   ...argument is currently discredited since the risks on an individual relationship basis are not appreciably greater than any other relationship; 11.3 The other offences in the criminal law which deal with non-consensual sexual activity are adequate to protect people; and 11.4 As long as there is an adequate definition and understanding of "consent", then there is no basis on which to punish truly consensual activity. 12. There is much to be said in support of these arguments, b...

6. Thoman v Devi [2014] NZIACDT 81 (15 September 2014) [pdf, 182 KB]

   ...standards of conduct are maintained in the occupation concerned.” [9] When imposing sanctions those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [9.1] Protecting the public: Section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [9.2] Demanding minimum standards of conduct: Dentice v Valuers Registrat...

7. Waikato Bay of Plenty Standards Committee v Monckton [2014] NZLCDT 51 [pdf, 35 KB]

   ...various conflicts of interest. Furthermore she did not advise the bank to review its security position in the light of the uncertainties over T Street and its ownership. She had a caveat executed by the attorney, with the sensible intention of protecting the interests of the beneficiaries. That sister (attorney) was not in fact a beneficiary of the trust which had owned T Street prior to these dealings. [13] Quite properly, after cross-examination of Mrs Monckton and Dr S, Mrs...

8. BORA Limited Partnerships Bill [pdf, 316 KB]

   ...otherwise." 13. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a "search or seizure". Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. 14. Clause 71 (Registrar’s powers of inspection) confers a power on the Registrar, or a person authorised by the Registrar, t...

9. AX v ZA LCRO 113 / 2010 (18 February 2011) [pdf, 117 KB]

   ...application, the Applicant acknowledges that the Respondent was not acting for him. [21] However, he emphasises his view that the Respondent knew that YZ was defrauding people and that he therefore had a duty to alert the Applicant to this and protect him from the activities of his client. [22] The outcome sought is to “stop [the Respondent] from hiding behind the law, and recover some of his money.” He again lays the blame for his losses on the Respondent. Review [23] In c...

10. BORA Arms Amendment Bill (No 3) [pdf, 176 KB]

    ...Bill provides that a commissioned police officer may under sections 24, 26A and 26B be satisfied that a person is not or is no longer "fit and proper" to be issued with or hold a firearms license where there are grounds for making either a protection order under the Domestic Violence Act 1995 or a restraining order under the Harassment Act 1997. In the event of making such a determination the officer may refuse to issue a person with a license, or, if they already have a licens...