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1. ABY v ZYF [2013] NZDT 125 (17 September 2013) [pdf, 47 KB]

   ...drawing a likely conclusion, not necessarily an accurate one. [10] I accept the evidence of the Applicant that she has some knowledge of computers and that she did not delete files as alleged. Further, I am satisfied that she had adequately protected the computer from outside viruses. It is more likely to me that this computer failed four times because of some serious but as yet undiagnosed fault. I do not accept that the Applicant must wait until this fault is diagnosed to ha...

2. BORA Judicial Matters Bill [pdf, 190 KB]

   ...complaints properly considered. 11. The provision for the appointment of additional Associate Judges of the High Court also has the potential to affect judicial independence. Associate Judges are subject to a more limited (though still substantial) protection of tenure under s 26E(i) of the Judicature Act 1908 than are Justices of the High Court under s 23 of the Constitution Act 1986. Given, however, the defined responsibilities of Associate Judges and the susceptibility of their decisi...

3. BORA Terrorism Suppression Amendment Bill [pdf, 273 KB]

   ...particular part of the information itself would involve disclosure that would be likely to prejudice certain interests. 6. Courts have on a number of occasions recognized the need for security intelligence information to be kept secret in order to protect national security: see, for example, Canada (Minister of Employment and Immigration) v. Chiarelli [1992] 1 S.C.R. 711 (at paragraph 48); Ruby v. Canada (Solicitor General), [2002] 4 S.C.R. 3 (at paragraphs 43 and 44); Charkaoui [200...

4. BORA Canterbury Regional Council (ECan) Temporary Commissioners and Other Matters Bill [pdf, 228 KB]

   ...Rights Act affirms the right of every person 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 before a decision is made. Moratorium on Water Permits 7. Part 3 of the Bill empowers ECan to impose a moratorium on applications for permits...

5. 2 March 2020 Minister for Children [pdf, 145 KB]

   ...ENVIRONMENT COURT http://www.justice.govt.nz/courts/environment-court EC4240_NoticeOfSessionListOfParties SCHEDULE OF PROCEEDINGS Direct referral of a notice of requirement by the Minister of Children to alter designation 3800 "Care and Protection Residential Centre- Upper North" in the Auckland Unitary Plan 1. Minister for Children Requirement Direct To The Environment Court pursuant to Section 198 of the Resource Management Act 1991 Court R...

6. BORA Ngai Tāmanuhiri Claims Settlement Bill [pdf, 281 KB]

   ...culturally significant matters are provided to Ngāi Tamanuhiri by the Bill. These include participation in resource management and related decision-making affecting the areas with which Ngāi Tamanuhiri have a special association, and right of access to protected sites within Whareata Forest. Issue under sections 20 and 27(2) 3. The Bill provides in clause 13 that the settlement of the historical claims is final and excludes the jurisdiction of the courts, Tribunals or other judicial...

7. BORA Ngāruahine Claims Settlement Bill [pdf, 274 KB]

   ...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) of the Bill of Rights, which protects procedural rights. [4] Review of this advice 10. This advice has been reviewed in accordance with Crown Law protocol by Kristina Muller, Crown Counsel. Debra Harris Crown Counsel Disclaimer In addition to the genera...

8. N v K LCRO 9 / 2008 (3 February 2009) [pdf, 13 KB]

   ...to this office by the parties. Consideration [4] The applicants described the letter of 21 August from Lawyer K to be “groundless” and “outrageous” in a letter of 14 October 2008. [5] One of the fundamental duties of a lawyer is to protect and promote the interests of his or her client to the exclusion of the interests of third parties (Rule 6 Lawyers Conduct and Client Care Rules). [6] Balancing this obligation is Rule 12 which provides that “a lawyer must, when a...

9. BORA Tauranga Moana Iwi Collective Redress Bill [pdf, 279 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 15(3) affects the substantive law and does not fall within the ambit of s 27(3), which protects procedural rights. [1] 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...

10. LCRO Definitions [pdf, 103 KB]

    ...empowered to perform their professional duties. Standard of service Practitioners who provide regulated services must meet fundamental obligations: • to be independent • to act in accordance with all fiduciary duties and duties of care • to protect the interests of his or her clients. A legal practitioner must also uphold the rule of law and facilitate the administration of justice in New Zealand. Strike off To remove a lawyer from the Roll and effectively wit...