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1. BORA New Zealand Superannuation and Retirement Income Amendment Bill [pdf, 190 KB]

   ...(‘the Guardians’) to control entities formed for the purpose of holding, facilitating or managing the investments of the Fund. 3.The Bill also: a) a.amends the Act to allow the Guardians to delegate operational duties, b) b.amends the Act to protect the Guardians against claims that acts of the Guardians are invalid on the basis that they are contrary to, or outside the authority conferred by, any Act, c) c.clarifies that the Fund is not a separate entity from the Crown, d) d...

2. BORA Supplementary advice - Te Atiawa Claims Settlement Bill [pdf, 188 KB]

   ...Amend the Te Atiawa Deed of Settlement. Apart from minor and technical changes, the amendments: 2.1 add a new clause (clause 8) providing a Summary of Historical Account; 2.2 make slight changes to the processes for setting, and for amending, the protection principles for an overlay area; 2.3 update and make changes to the detail of the provisions governing the vesting of certain properties (now identified as Ngā Motu) jointly in fee simple, and to the detail of the vesting in fee s...

3. BW v YD Ltd [2014] NZDT 693 (6 May 2014) [pdf, 80 KB]

   ...clause will need to be interpreted in accordance with its tenor. I find that a reasonable interpretation is that YD Limited is not liable for rent if there is no tenant or the tenant does not pay or damages the property. I do not accept that it would protect YD Limited if the landlord does not receive rent or property damage occurs by YD Limited not performing its obligations under the contract. [10] Here a termination notice was given by YD Limited. It was not followed up on expiry....

4. BORA Vulnerable Children Bill [pdf, 307 KB]

   ...and related conduct; and • Clauses 104-107 and 114 provide a presumption that, where a person has been convicted of murder, manslaughter or infanticide of a child in his or her custody or where a child has been removed from custody for reasons of care or protection without prospect of return, any other child is to be removed from that person’s custody. The presumption may be rebutted by the person showing him- or herself to be safe to parent. 2.2 Each of the prohibitions that appl...

5. Justice Statistics data tables - notes and trends December 2020 [pdf, 249 KB]

   ...1980 onwards), children and young people, specific offence types (such as drug and family violence offences), specific justice processes (such as bail and offending on bail, and discharge without conviction), aspects of the Family Court (such as protection order applications), and specific justice services (such as legal aid).2 COVID-19 affected several areas of the justice system, potentially impacting trends in the data for 2020. Therefore, the reader should be cautious when drawing...

6. 2022 archive

   ...of a nationwide PDLA roster over the holiday period Criminal Process Improvement Programme - Christchurch District Court Updated Legal Aid Outcomes of Budget 2022 Hearings scheduled for 26 September will be rescheduled due to public holiday COVID-19 Protection Framework traffic light system – Update (13/09/2022) Changes to legal aid eligibility for Protection of Personal and Property Rights applications Reminder - tell us what you think about communication assistance and interpreters New Lega...

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7. [2021] NZIACDT 17 - TI v Malcolm (20 July 2021) [pdf, 199 KB]

   ...NZIACDT 13. 3 [11] Mr Malcolm failed to reply to numerous communications from the complainant seeking advice or updates as to the progress of the application. Decision of the Tribunal [12] It was found that Mr Malcolm: (1) had lacked due care in respect of five matters, in breach of cl 1; (2) misled the complainant in – (a) advising her on 11 August 2020 that he would send the application to Immigration New Zealand “tomorrow” when he did not file it until 1 Octo...

8. INZ (Gilray) v Singh [2019] NZIACDT 61 (3 September 2019) Sanctions [pdf, 160 KB]

   ...Moses, responded on 4 October 2017. Counsel acknowledged on behalf of Mr Singh that the failure to engage with his clients was a breach of the professional obligations. It was contended that the breach was inadvertent as he had not exercised due care. There was no deliberate violation of the professional standards. Mr Singh had made a genuine mistake in failing to comprehend 1 Immigration New Zealand (Gilray) v Singh [2019] NZIACDT 53....

9. Auckland Standards Committee v Clarke [2013] NZLCDT 40 [pdf, 100 KB]

   ...dishonourable conduct and further admitted wilfully recklessly contravening provisions of the Lawyers and Conveyancers Act and Subsidiary Rules as follows: (i) Section 4(c) (requirement to act in accordance with all fiduciary duties and duties of care owed by lawyers to their client(s); and/or (ii) Rule 3 (requirement to act competently and in a timely manner consistent with the terms of a retainer and the duty to take reasonable care); and/or (iii) Rule 11.1 (requirement not to eng...

10. BORA Te Roroa Claims Settlement Bill [pdf, 350 KB]

    ...the jurisdiction of courts and the Tribunal (clauses 13 and 14) raise an issue about compliance with s 27(2) of the Bill of Rights (the right to seek judicial review). That section provides: "Every person whose rights, obligations or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination." 4. Section 27(2) applies to a dete...