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1. Ringwood v Auckland Council [2011] NZWHT Auckland 44 [pdf, 170 KB]

   ...LACK OF MAINTENANCE? ......................................................................................... 14 WHEN WAS THE HOUSE BUILT? .............................................................. 15 DID THE DEVELOPERS BREACH THEIR DUTY OF CARE TO THE CLAIMANT? ................................................................................................. 18 WAS THE COUNCIL NEGLIGENT IN ISSUING THE CCC AND IF SO DID THIS NEGLIGENCE CAUSE LOSS? ..................................

2. BORA Lawyers and Conveyancers Bill [pdf, 25 KB]

   ...interest of the intrusion on the particular right protected by the Bill of Rights Act; 3. The limits sought to be placed on the application of the Bill of Rights Act provision in the particular case; and 4. The effectiveness of the intrusion in protecting the interests put forward to justify those limits." This passage emphasises that the assessment under s 5 BORA must be a nuanced and context-specific one. 7. Ministry of Justice officials have indicated that the Government con...

3. DA v EB LCRO 7/2013 (26 August 2014) [pdf, 125 KB]

   ...paid it into a trust account, as she has since accepted she should have done. By thwarting the operation of Regulation 9, Ms DA cannot be said to have breached it. While that is a logical outcome, it is not satisfactory in that it side-steps the protections Regulation 9 provides to lawyers’ clients. [77] The Committee was also correct to find that Ms DA had breached Regulation 10, which makes provision for fees and disbursements to be paid in advance of a practitioner renderin...

4. [2022] NZIACDT 29 - EQ v McCarthy (19 December 2022) [pdf, 322 KB]

   ...Immigration NZ to Mr McCarthy on 6 succeeded only once, speaking to him on 14 October 2021. He told the officer he would reply to their emails that day, but he did not do so. [32] On 4 November 2021, Immigration NZ wrote to the complainant, care of Mr McCarthy, stating that the mandatory character information was missing. The government agency said it had sought to contact Mr McCarthy numerous times between 23 July and 28 October 2021, but he did not respond. They were given...

5. Secretary for Justice leads New Zealand delegation to UN Committee Against Torture Examination

   ...Treatment or Punishment in 1989. It is one of our core international human rights treaties, and aims to prevent and address torture and acts of ill-treatment, abuse and violence. It covers areas such as the criminal justice system, detention in state care, family and sexual violence and historic abuse in state care. ENDS More about the Convention is available at: Convention Against Torture & Other Cruel, Inhuman or Degrading Treatment or Punishment | New Zealand Ministry of Justice The UN p...

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6. Tonks v Stone [pdf, 105 KB]

   ...to be correctly flashed with matching profile roofing material. All the very awkward flashing of rounded junctions between walls and roofs and skylights and the like need to be flashed by an experienced plumber as considerable thought and care is required to ensure weathertightness at these difficult points. Conventional flashing materials will not be able to effect weathertightness due to the curved shapes of the walls and roof skylight and the trapedoizial-section roofing....

7. [2022] NZIACDT 10 - BC v Lawlor (18 May 2022) [pdf, 192 KB]

   ...bundle of support documents. It concerned Mr Lawlor’s work for the father. The following heads of complaint against him are referred to the Tribunal: Negligence, or alternatively breach of the specified provisions of the Code (1) Failure to take care filing a PGVV for the father when he was not eligible, in breach of cl 1. (2) Failure to file a s 61 request in a timely manner and failure to acknowledge his role in the delay, in breach of cl 1. (3) Failure to have a written agr...

8. Sharma v Manchanda [2018] NZIACDT 2 (2 February 2018) [pdf, 196 KB]

   ...complaint was made, the Registrar required that Mr Manchanda provide a copy of his file, but he did not provide file notes that he later relied on. [3] The essential features of the grounds of complaint are, Mr Manchanda failed to take adequate care over the absent police certificate, did not give adequate advice and failed to follow up advice in writing, and he failed to provide the Registrar with a full copy of his file. [4] The essential facts are not contentious, though what w...

9. Youth Court - 10 myths & misunderstandings about family group conferences (FGCs) [pdf, 165 KB]

   ...Group Conference (FGC)” Reality This is far from the case. In most cases, the Police will not even consider charging the young person and bringing them to court, and so an FGC will not be held (unless there are other reasons to do so eg care and protection). Around 70% of cases will be resolved without an FGC occurring: 26% will result in warnings from the Police, and 43% will result in the Police using what is called “alternative action” - which is a formal, community-base...

10. JQ v QM LCRO 97 / 2011 (28 August 2012) [pdf, 84 KB]

    ...intimidating or inappropriate. It was claimed that the Practitioner was ringing in his personal capacity as a defendant, not in his professional capacity as a lawyer. Counsel submitted that in these circumstances the Lawyers: Conduct and Client Care Rules 2008 (“the Rules”) did not apply. [7] In the course of the Standards Committee enquiry the Practitioner was asked to specifically address whether or not the test of misconduct set out in section 7(1)(b)(ii) applied to him. T...