Search Results

1. 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...

2. 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...

3. 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...

4. 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...

5. KY v DZ LCRO 174/2015 (25 October 2016) [pdf, 76 KB]

   ...general restraint on lawyers impeding direct communication with another lawyer’s client. However, FCR 106 says that a document that must be personally served may be served by a party’s lawyer or their agent. Lawyers would be wise to give careful thought to rule 10.2, and the exceptions to it, before embarking on personal service of another lawyer’s client. [49] Although Mr DZ went to [specified location] in May 2015 with the intention of communicating directly with Mr KY t...

6. GR-to-the-LC-report-Third-Review-of-the-Evidence-Act-2006_Final.pdf [pdf, 487 KB]

   ...mātauranga by introducing a new exception to the hearsay rule (recommendation 1) and clarifying the way that prior acquittal evidence is assessed (recommendation 14). 22 The report also recommends that the Ministry of Justice should further examine protections for counselling notes, and other personal records of complainants in sexual and family violence cases, and of parties and children in civil cases. 23 Appendix 1 sets out the full list of recommendations. 24 Many of the recomm...

7. OIA-111433.pdf [pdf, 4.9 MB]

   ...reducing costs and meeting FATF standards. 16. Both proposed packages are complex, require specific expertise to develop, and will need significant consultation and further joint development with industry. 17. The timing of the packages needs to be carefully sequenced, as there are significant dependencies between them. We will need direction from relevant ministers in early 2024 to have reforms in place in time to influence New Zealand’s next FATF evaluation. Introduction to the AML/CFT s...

8. Smitheram v Hanns [2010] NZWHT Wellington 24 [pdf, 483 KB]

   ...under or between the ply in the adjacent cladding. [65] Stormwater is able to pond against the bottom of the cladding at the gable end. There is minimal bottom of the sheet clearance between the bottom of the EIFS cladding and the LAM. No protective UPVC shoe could be found protecting the bottom of polystyrene sheet. The framing showed visible signs of decay. The LAM upturn is of insufficient height to prevent moisture wicking up behind the cladding and causing damage the s...

9. BORA Raukawa Claims Settlement Bill [pdf, 279 KB]

   ...that addresses specified historical claims brought by Raukawa no other person could be said to be in comparable circumstances to those who are to receive entitlements under the Bill. 4.Clause 100 of the Bill reserves a special right of access to protected sites on Crown forest land transferred to Raukawa as part of the settlement. This right of access applies to Māori for whom the protected site is of special cultural, historical, or spiritual significance. It is conceivable that thi...

10. 31 August Legal Aid News [pdf, 547 KB]

    ...regular communication from Legal Aid Services on all matters related to legal aid. Legal Aid News is generally published in the last week of every month. In this issue ... Three fixed fees that may be claimed incorrectly Determining merit in Protection of Personal Property Rights Act 1988 applications Queries Three fixed fees that may be claimed incorrectly A recent internal review identified more clarity is required on the following fixed fees: Specialist reports The...