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1. LCRO 138/2021 & 139/2021 TZ v FK and FK v TZ (26 July 2022) [pdf, 272 KB]

   ...delivered on 19 July 2022 (COMPANY C et ors v LVT et ors [XXXX] NZHC XXXX). I discuss this judgment further in my decision. 4 [23] Mr FK identified the following breaches by Mr TZ of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules): (a) Rule 2.1: duty as an officer of the court; (b) rule 10: failure to treat other lawyers with respect and courtesy; (c) rule 12: failed to conduct the dealings with integrity, respect and courtesy; (d...

2. Issues with access to justice in the Environment Court of New Zealand [pdf, 477 KB]

   ...having entered a state of considerable flux. In this paper, we do not comment on government policy and the formulating of substantive laws, as it is not our place as judges to do so. It can, however, fall within our responsibilities as judges to make careful public observa- tions about matters of court process and access to justice. This is what we set out to do in this paper, in the context of historic, current, and possible future legislative scenarios. Challenges facing environment courts...

3. Directory of Official Information 2019 S-U [pdf, 1.5 MB]

   ...responsible for the intelligence and security agencies issue Ministerial Policy Statements in relation to the lawful activities of the agencies. Functions and Responsibilities The NZSIS is a public service agency with an objective to contribute to the protection of New Zealand’s national security, the international relations and well-being of New Zealand, and the economic well-being of New Zealand. The NZSIS undertakes designated functions relevant to New Zealand's security. Th...

4. The Registrar of Immigration Advisers v Niland [2018] NZIACDT 52 (21 December 2018) [pdf, 262 KB]

   ...admitted by her and she has ceased operating in this way. [3] The essential issue to consider is whether Ms Niland set up a business practice to deliberately circumvent her professional obligations or whether, as her counsel contends, she was careless in permitting staff of the company to perform immigration services which only a licensed adviser can undertake. BACKGROUND [4] Ms Niland is a licensed immigration adviser. Her company is Visas NZ Ltd. She is based in New Zealan...

5. LCRO 103/2022 RP v DQ (25 September 2024) [pdf, 272 KB]

   ...office to deliver the anti-money laundering documents which Ms TJ had provided to them. [6] It was proposed that the Agreement would be signed by MK, who, Ms RP was told, had been appointed by Mrs WK as her attorney for both property and personal care and welfare. [7] On the following day, Ms TJ sent the anti-money laundering forms to MK with advice as to what was required by way of supporting documentation. [8] At 5 pm on the same day, Mrs WK’s lawyer (Ms CY) sent an email...

6. [2020] NZEmpC 142 Kwik Kiwi Cars Ltd T/A Mark Cromie Motor Group v Crossley [pdf, 308 KB]

   ...circumstances in which fixed-term agreements may legitimately be utilised, it also states that:4 Adequate safeguards shall be provided against recourse to contracts of employment for a specified period of time the aim of which is to avoid the protection resulting from this Convention. [49] Chief Judge Inglis also referred to the preamble of the Convention in which it is noted that new international standards on termination were being adopted in light of serious problems arising...

7. NZ BORA Advice: Civil Aviation Bill [pdf, 368 KB]

   ...aviation. Consistency of the Bill with the Bill of Rights Act Section 11 – right to refuse to undergo medical treatment 9. Section 11 of the Bill of Rights Act affirms that everyone has the right to refuse to undergo medical treatment. The right protects the concept of personal autonomy and bodily integrity, specifically the idea that individuals have the right to determine for themselves what they do or do not do to their own body, free from restraint or coercion.1 10. Clause 3 o...

8. [2023] NZEmpC 92 New Zealand Nurses Organisation Inc v Te Whatu Ora – Health New Zealand [pdf, 331 KB]

   ...protection was sought for some 317 documents; Mr Harrison said this indicated a double standard. [36] It does not follow that because a comprehensive pleading has been filed, the content of documents that are otherwise privileged are no longer protected. There is no evidence, at this stage, that Te Whatu Ora is now taking a step in reliance of, or contrary to, privileged material. That said, I accept that it is Mr Harrison’s position that this proposition should be tested by the...

9. 2017 NZSSAA 052 (15 September 2017) [pdf, 238 KB]

   ...services for persons whom the Ministry considers pose “a high risk to the safety of front line staff nationwide”. [5.3] A statement that the Ministry has “determined that the use of pseudonyms [is] a necessary and appropriate control to protect staff from being identified and potentially placed at greater risk of harassment, threats or even violence”. [5.4] A statement that pseudonyms are used by all panel members of Benefit Review Committee hearings where the person see...

10. Chand and Kumari v Prakash [2012] NZIACDT 85 (3 December 2012) [pdf, 178 KB]

    ...ensure that appropriate standards of conduct are maintained in the occupation concerned. [43] The statutory purpose is achieved by considering at least four factors which materially bear upon maintaining appropriate standards of conduct: [43.1] 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 ...” 6 [43.2] Demanding minimum standards of conduct: Dentice v Val...