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1. Legal Complaints Review Officer v Hong [2013] NZLCDT 9 [pdf, 224 KB]

   ...to be poor advice and to save them from unnecessary cost. He considered that it would act to test Mr Deliu’s confidence in continuing the Ma proceedings. Mr Hong said that he likened it to a contingency fee, and that it had the advantage of protecting (as he saw it) Mr and Mrs Ma and testing Mr Deliu. We agree that the proposal was unusual and on its face is unprofessional, but the matter was raised for consideration by the Complaints Service in the context of a complaint/c...

2. BORA Secondhand Dealers and Pawnbrokers Bill [pdf, 18 KB]

   ...of Rights Act 1990 Our Ref: ATT114/1197 (1) 1. We have considered the above Bill ("the Bill") for consistency with the New Zealand Bill of Rights Act 1990 ("BORA") and have concluded that the Bill is consistent with the rights protected by that Act. In reaching that conclusion, two issues of prima facie inconsistency arose in respect of the Bill that we wish to draw to your attention. Age restrictions (s 19(1) BORA) 2. First, there were two provisions that raised...

3. BORA Kaikoura (Te Tai ō Marokura) Marine Management Bill [pdf, 277 KB]

   ...conclusion, we have taken into account that: a)The offences are of a regulatory nature designed to better protect the coastal and marine environment in the Kaikoura region. The offences address potential significant harm to natural resources and protected marine wildlife. b)Statutory defences are available to the defendant 4. The defendant is in a better position to satisfy the court that the possession of certain marine and aquatic life in excess of the daily limit was not taken in b...

4. MOJ0561C_Jun21_WEB.pdf [pdf, 305 KB]

   ...you’re listening to your children and respect what they say. • Watch what you say, especially when replying to difficult questions. • Put yourself in your children’s shoes and think about how the separation looks through their eyes. • Protect your children from adult issues. • Have lots of conversations all the time, including about everyday and funny things not just the big, difficult issues. 3. Your children need both parents, so help them keep up their relationship wit...

5. Protocol-for-BDMRA-091221.pdf [pdf, 191 KB]

   ...is the current process? The general provisions of the Family Court Rules 2002 (‘the rules”) govern these applications.1 There are no special rules like those in place for other individual pieces of legislation, eg the Adoption Act 1955, the Care of Children Act 2004, and the Protection of Personal and Property Rights Act 1988.2 Therefore, these applications must be brought and dealt with under Parts 1 to 4, and Part 6 of the rules. 1 Rules 5 and 7(1) 2 Rules 6 and 21 2...

6. Ryang v Auckland Council [2011] NZWHT Auckland 21 [pdf, 282 KB]

   ...first respondent, the Auckland Council is in negligence and relates to the Council’s inspection of the building work during construction and in issuing a Code Compliance Certificate. [32] Mrs Ryang alleges that the Council owes a duty of care to homeowners for economic loss arising out of defects caused by the Council’s negligence in the course of the building process. She says the Council owed her a duty of care in issuing the building consent (though this limb of the c...

7. LCRO 122/2015 NP v AO (21 May 2018) [pdf, 178 KB]

   ...NP and her siblings engaged a lawyer who corresponded with Mr AO in October 2014. Mr AO did not provide a substantive response, but did say he was seeking advice on his position. Mrs NP and her siblings appear to have taken no formal steps to protect any interests they may have wished to claim. Without advising Mrs NP or her lawyer, Mr AO applied for and was granted probate in December 2014. When Mrs NP found out Mr AO had obtained probate, she was concerned that he had gone ahead...

8. Ali v Wang [2015] NZIACDT 50 (13 May 2015) [pdf, 208 KB]

   ...afforded by the Act; Parliament enacted the Act to prevent persons such as Mr Martin having contact with clients, and dealing with their affairs. The Act has severe criminal sanctions to enforce that objective. [34] Mr Wang’s offending undermined the protections of the Act, as a licensed immigration adviser was obliged to deliver those protections to clients, and not allow Mr Martin to offend against them. Mr Wang’s licence The principles [35] The authorities indicate it is a...

9. Restorative Justice: Standards for Sexual Offending Cases [pdf, 666 KB]

   ...which formed the second half of the 2004 document is available on the Ministry of Justice website. It was noted in the 2004 guidelines that ‘the use of restorative justice processes in cases of family violence and sexual violence must be very carefully considered’. Risks and general principles of practice are identified, but no specific guidance given on how to safely manage referrals of this nature. These new standards recognise the additional safeguards and processes needed whe...

10. CL & ZA v GU LCRO 148/2013 (25 May 2016) [pdf, 68 KB]

    ...mistakenly sent to Mr RF, the actions of Mr CL and Mr ZA were purposely aimed to humiliate and annoy Mrs GU, which was unacceptable, and was a breach of rules 2.3, 10 and 12 of 4 the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). Application for review [18] The lawyers filed an application for review on 28 May 2013. The outcome sought is the reversal of the unsatisfactory conduct determination in respect of both lawyers. [19] The...