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1. BORA Fisheries Act 1996 Amendment Act Bill (No 2) [pdf, 281 KB]

   ...affirms that every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person's rights, obligations, or interests protected or recognised by law. The right to natural justice includes the right to be heard. [1] 7. Clause 5 of the Bill contains transitional provisions which apply to consultation undertaken before the commencement of the Bill for the purpose...

2. Burnett v Real Estate Agent Authority (CAC 404) & Soo [2017] NZREADT 2 [pdf, 82 KB]

   ...administrative failure. However, we concur with Mr Mortimer’s submissions that failure to comply with audit regulations is a potentially serious matter because the requirements to report as to the trust account on a monthly basis exist for the protection of the public. This reason is a very important aspect of the disciplinary process. If the public lose confidence in a real estate agent’s ability to hold their money appropriately and in a well-regulated manner then the whole i...

3. BORA Regulatory Reform Bill [pdf, 299 KB]

   ...that conveys a meaning or attempts to convey a meaning. • In this case, the information that must be provided to the clients of the recognised person or agency does not appear to be sufficiently "expressive" in content to attract the protection of s 14 of the Bill of Rights Act. It does not compel any agency or person to state an opinion or say something that the person or agency does not believe to be true. Information about the withdrawal or surrender of recognition...

4. Auckland Standards Committee v Flewitt [2010] NZLCDT 12 [pdf, 23 KB]

   ...a Barrister and Solicitor. [7] It is submitted by Mr Treleaven on behalf of the Society that this must be more widely interpreted when applying s 242, otherwise the entire purpose of the legislation would be frustrated and it would fail to protect the public because could simply be circumvented by a practitioner surrendering a Practicing Certificate and thereby avoiding any sanctions as a consequence of professional misconduct. Mr Pidgeon agrees with Mr Treleaven’s submissio...

5. Factsheet: Imprisonment in the general population [pdf, 384 KB]

   ...those of the researchers, not Statistics NZ. Only people authorised by the Statistics Act 1975 are allowed to see data about a particular person, household, business, or organisation, and the results in this report have been confidentialised to protect these groups from identification and to keep their data safe. Careful consideration has been given to the privacy, security, and confidentiality issues associated with using administrative and survey data in the IDI. Further de...

6. [2023] NZEmpC 85 Joyce v Ultimate Siteworks Ltd [pdf, 166 KB]

   ...contemplates that an order for security for costs may, in effect, prevent a plaintiff from pursuing their claim. Nevertheless, access to the courts for a genuine plaintiff is not lightly to be denied. Therefore, such an order should only be made after careful consideration. However, a defendant is entitled to be protected against being drawn into unjustified litigation brought by an impecunious plaintiff, particularly where it is overcomplicated and unnecessarily protracted.5 [...

7. ENVC Hearing 6Oct14 DM expert Robert Greenway attachment [pdf, 5.2 MB]

   ...Waiheke’s walkways range from areas of historic interest to native wood pigeons. This brochure details eight of the island’s major walkways and their side trips, which can either shorten or lengthen the walk. Many of the roads are narrow so take care when walking. For your interest we have published additional information on our website: www.aucklandcity.govt.nz/walkways Check it out for historical facts and added landmarks to look out for. What to bring: • drinking water �...

8. FM v T Ltd [2022] NZDT 21 (28 February 2022) [pdf, 169 KB]

   ...follows: a. Were the earbuds of acceptable quality? b. If not, what remedy is FM entitled to under the CGA Were the earbuds of acceptable quality? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. The CGA provides a guarantee that goods are of acceptable quality (s 6). The meaning of acceptable quality includes being reasonably durable, and free from minor defects (s 7). 5. FM argued that the earbuds should n...

9. [2009] NZEmpC AC 44/09 Ecocover (NZ) Ltd & Anor v Dunn [pdf, 22 KB]

   ...and sought relief against him in that forum. [2] Mr Dunn’s claim was for payment of a bonus said to be due to him by EcoCover (NZ) Limited (ENZ). Mr Dunn also claimed against Mr Cruickshank personally for penalties for breaches of the Wages Protection Act 1983 and for breaches of the requirements of good faith behaviour contained in the Employment Relations Act 2000 (“the Act”). Mr Cruickshank attempted to persuade Mr Dunn to abandon those claims against him pers...

10. BORA Ngā Hapū o Ngāti Ranginui Claims Settlement Bill [pdf, 282 KB]

    ...the right to bring civil proceedings against the Crown and have those heard according to law in the same way as civil proceedings between individuals. However, cl 24(3) affects the substantive law and does not fall within the ambit of s 27(3), which protects procedural rights. [3] Daniel Perkins Crown Counsel Disclaimer In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General...