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1. Te Ariki o Kahukura v Moore – Manukorihi 1B Section 2 (2013) 313 Aotea MB 254 (313 AOT 254) [pdf, 95 KB]

   ...owners may be kept informed of any proposals relating to any land, and a forum in which the owners might discuss any such proposal: (c) To determine or facilitate the settlement of disputes and other matters among the owners of any land: (d) To protect minority interests in any land against an oppressive majority, and to protect majority interests in the land against an unreasonable minority: (e) To ensure fairness in dealings with the owners of any land in multiple ownership:...

2. [2021] NZEmpC 6 Bowen v Bank of New Zealand [pdf, 251 KB]

   ...2020 in support of her application for removal. BNZ asserts that the conversation was intended to be confidential and was conducted for the purpose of BNZ obtaining legal advice from its lawyer. As a result, BNZ claims that the conversation is protected by legal privilege and that it has not taken any steps to waive this privilege. Is the issue now moot? [11] Ms Bowen’s primary response to the claim of privilege is that, because the references to the alleged privileged communi...

3. VL Nair v Devi [2014] NZIACDT 86 (15 September 2014) [pdf, 183 KB]

   ...are maintained in the occupation concerned.” 3 [10] When imposing sanctions those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [10.1] 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 ...” [10.2] Demanding minimum standards of conduct: Dentice v Valuers Registration...

4. BORA Judicature Modernisation Bill [pdf, 321 KB]

   ...discrimination on the basis of age, contrary to s 19 NZBORA. 32.Setting a mandatory limit, however, also has an important purpose: namely the preservation of judicial independence. The importance of this purpose is affirmed by s 25(a) NZBORA, which protects the right to trial by an independent and impartial court, and s 27 rights to natural justice. 33.A mandatory retirement age may be rationally connected to achieving those purposes, as it forms part of a wider range of statut...

5. Finau v Tangilanu [2014] NZIACDT 96 (01 October 2014) [pdf, 184 KB]

   ...provide professional support. [2.3] The Tribunal found on the material before it that it should uphold the complaint in these respects. [3] The Tribunal found Ms Tangilanu failed to meet the Code of Conduct’s duty to carryout instructions with due care, diligence, respect and professionalism (clause 1), and the requirement to confirm in writing when work ceased part way through an immigration process (clause 3(b)). The Parties’ Positions on Sanctions The Authority [4] The Auth...

6. Justice Matters - issue 06 - March 2017 [pdf, 1.5 MB]

   ...Warren. Family Focus Rotorua and Barnardos have been contracted to deliver the service in Rotorua and Whanganui, respectively, until the end of February 2018. It is a free service that is initially available in cases where the Family Court has imposed protective conditions on a Parenting Order under section 51 or section 48 of the Care of Children Act 2004. The parties may be referred to the service at the discretion of the court. The pilot is part of the Ministerial Work Programme on...

7. BORA Marine and Coastal Area (Takutai Moana) Bill [pdf, 408 KB]

   ...provided under the Bill and, further, has indicated that exclusion of public access is thought unnecessary by at least some Māori representatives. 11. The stated purposes of the Bill are (cl 4(1)): 11.1 To establish a durable scheme to ensure the protection of the legitimate interests of all New Zealanders within the common marine and coastal area; 11.2 To recognise the mana tuku iho of Māori within the area; 11.3 To provide for the exercise of customary interests within t...

8. LCRO 65/2017 IR v NW and EN (18 April 2019) [pdf, 155 KB]

   ...referred to a principle articulated by Cook J in Allied Finance and Investments Ltd v Haddow & Co [1983] NZLR 22 (CA): …the relationship between two solicitors acting for their respective clients does not normally of itself impose a duty of care on one solicitor to the client of the other. Normally the relationship is not sufficiently proximate. Each solicitor is entitled to expect that the other party will look to his own solicitor for advice and protection. 3 Hence,...

9. LCRO 5/2017 QU v JP, YE and KJ (31 March 2017) [pdf, 115 KB]

   ...arrived on the Court file. [40] The Court environment is a secure and managed environment, in which all who handle the vast and diverse raft of documents that arrive at the Court on a daily basis are well schooled in the obligation to preserve and protect the confidentiality of all parties who are engaged in proceedings. [41] I think it unlikely that the decisions would be viewed by any Judge presiding over any subsequent proceedings for recovery of fees as potentially compromising....

10. BORA Non-Bank Deposit Takers Bill [pdf, 362 KB]

    ...correspondence or otherwise. There are two limbs to the s 21 right. First, s 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, s 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. The Bill contains several clauses relevant to “a search or seizure”: • cls 46 and 47 allow the Bank to require informatio...