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1. Proactive release - Sexual violence response [pdf, 7.7 MB]

   ...protections of our system. Finally, I propose to reconsider the definition of ‘consent’ and the continuing role of juries in sexual violence trials. Change in these areas could involve significant shifts in the way our system deals with sexual offending. Careful consideration would be given to any impact on defendants’ fair trial rights, and the wider impact on the criminal justice system. Background Responding to family and sexual violence is a priority 9. There is a growing so...

2. Proactive release - Improving the justice response to victims of sexual violence [pdf, 7.7 MB]

   ...protections of our system. Finally, I propose to reconsider the definition of ‘consent’ and the continuing role of juries in sexual violence trials. Change in these areas could involve significant shifts in the way our system deals with sexual offending. Careful consideration would be given to any impact on defendants’ fair trial rights, and the wider impact on the criminal justice system. Background Responding to family and sexual violence is a priority 9. There is a growing so...

3. LCRO 170/2020 KLM Limited v ND (30 March 2021) [pdf, 276 KB]

   ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [27] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that necess...

4. LCRO 53/2020 YJ v GK (22 April 2021) [pdf, 280 KB]

   ...Mr GK had acted for ABCD and Mr YJ personally where there was a conflict, or risk of conflict, between his interests and those of his clients. [47] The Committee considered whether or not there had been a breach of r 5 of the Conduct and Client Care Rules13 which requires a lawyer to be free of compromising loyalties or interests. [48] The Committee noted that Mr GK was not acting for Mr YJ in his personal capacity when preparing the shareholders’ agreement and the constitution...

5. Proactive-release-Legal-Services-Amendment-Bill_FINAL.pdf [pdf, 1.8 MB]

   ...funding for section 27 Released in Part. reports Some information has been withheld in Cabinet paper accordance with sections 9(2)(h) of OIA to Ministry of Justice maintain legal professional privilege, 9(2)(f)(iv) to Meeting date: 13 December 2023 protect confidentiality of advice tendered by Ministers and officials, and s 6(2)(a) to protect international relation. 2. Removing taxpayer funding for section 27 Released in full. reports Cabinet 100-Day Plan Committee Minute [100-23...

6. Kaupapa Maori Resolution Pathways [pdf, 792 KB]

   ...has been an absolute honour and pleasure to work with you all! Aroha nui ki a koutou! Kaupapa Māori Resolutions Pathway 4 GLOSSARY aarita or pangia touch akoako consultation, respecting others’ views aroha love for self and care and compassion for others āta growing respectful relationships atua gods, supernatural beings, demons, spirits awa river(s) ea resolved, appear, avenged, restoring balance hakari breaking bread, feast hapū sub-tribe hara offen...

7. AB v CD LCRO 332/2013 [pdf, 264 KB]

   ...interest prevented Mr AB from acting for Mr CD in the negligence proceeding. [37] Mr CD submits that the essence of Mr AB’s conflict is captured in the following: (a) Rule 6 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules). (b) The dicta of Penlington J in Nicholson v Icepak Coolstores Ltd.9 (c) Mr AB’s client care letter. [38] Mr CD submits that the decision in Nicholson is authority for the proposition that a conflict of inter...

8. LCRO 33/2016 GW v AX (27 June 2018) [pdf, 292 KB]

   ...13 The Court in Xu did not dwell on the possible implications of this provision, but took another tack — see [67] below. 14 Xu v Council of Law Society of New South Wales, above n 7, at [54]. 12 [54] However, a careful reading of Xu, suggests that a degree of care must be exercised before a lawyer elects to refuse to release a passport upon client or former client request. [55] Basten JA, noted that:15 A passport is not necessarily to be treated as

9. Name suppression processes for victims of sexual violence [pdf, 493 KB]

   ...linked. The law presumes that victims of interpersonal crimes want their names suppressed.1 Section 201 of the Criminal Procedure Act 2011 provides for automatic suppression of a defendant’s identity in incest-related cases with the stated purpose of protecting the complainant. Section 203 in turn provides for automatic suppression of the complainant’s identity in all sexual offence cases (including incest).2 However, some victims believe some offenders use the excuse of ‘protecting’ t...

10. OIA-107110_FINAL.pdf [pdf, 1.6 MB]

    ...refused. In assessing the information within the scope of this part of your request, we have excluded emails of an administrative nature. Some information has been withheld or refused under the following sections of the Act: • section 9(2)(a) to protect personal privacy • section 9(2)(b)(ii) where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information • sect...