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1. Kaupapa Maori Report [pdf, 1.7 MB]

   ...crime and safety experiences ........................................................................ 13 Figure 5 Māori children hospitalisation rates per 100,000 .................................................... 14 Figure 6 Māori children in care ............................................................................................... 14 Figure 7 Overview of ISR ......................................................................................................... 19...

2. Tai Rāwahiti v Tauranga - Tekumi A21A (2009) 228 Aotea MB 148 (228 AOT 148) [pdf, 442 KB]

   ...proper notice to the trust's auditor should be given. It would be easy for uninformed beneficiaries to surmise that something untoward was in train where no proper paper trail of transactions has been maintained. It is for the trustees' own protection that such practices need to be abandoned. Bankruptcy [46] Documents were filed highlighting the bankruptcy ofMr Phillips in 2005. Mrs Quinn has confirmed to the case manager that Mr Phillips bankruptcy was discharged in early...

3. Tremain Real Estate (2012) Limited and Cox v The Real Estate Agents Authority (CAC 403) and Ly [2018] NZREADT 54 [pdf, 289 KB]

   ...is the existing appraised value from the agent. [40] The Tribunal said further:9 … Parliament could not have intended that, for a provisional value, the highest figure mentioned should be used as, obviously that deprives the vendor of the protection to be given under s 134. That is simply common sense. Application to recall [41] The Authority applied to the Tribunal to recall its decision. It submitted that the Tribunal had inadvertently referred to the existing appraised v...

4. NJUM v Vole [2020] NZIACDT 5 (29 January 2020) [pdf, 126 KB]

   ...Residence declined [17] On 22 June 2016, Immigration New Zealand declined the complainant’s application for residence. It was not satisfied that the partnership was genuine and stable. Mr Vole appealed the decision to the Immigration and Protection Tribunal, on behalf of the complainant. [18] The complainant and Mr Vole entered into a further agreement on 25 July 2016 covering representation for the appeal. The fee was $4,140. [19] The complainant and Mr Vole entered into a...

5. UW v NG LCRO 152/2012 (27 October 2015) [pdf, 53 KB]

   ...that: i. It was Ms OL who briefed [NG Law Firm] regarding the sale of her parents’ house. ii. This was done for Ms OL to gain a financial interest or possible financial benefit when the parents’ house was sold. d. That Mr NG failed to protect the interests of his elderly clients, being a breach of the client care rules. e. That Mr AB had limited understanding of English, and was not financially savvy. f. That Mr NG failed to protect the interests of his clients, by...

6. Family Violence and Sexual Violence Work Programme: eUpdate April 2019 [pdf, 535 KB]

   ...Our new family violence laws are enabling us to improve our systems, and I look forward to continued progress. In closing, let’s remember that school holidays can be a stressful time for parents, especially when juggling paid work with childcare, or needing to find ways to keep the kids busy on a limited budget. It’s a good time to reflect on the importance of community as a protective factor for families, and how we connect with those around us to ensure people have what they ne...

7. LCRO 12/2018 NH and EW v TL and [KT Law] (17 February 2020) [pdf, 102 KB]

   ...courtesy. [34] It is understandable that Mr NH is disappointed by the fact that the freezing orders did not stop the auction in its tracks. That failing cannot be laid at the feet of Mr TL or the firm. While Mr TL or the firm could have done more to protect Mr NH’s interests, he was not their focus; subject to his overarching obligation to the court, Mr TL and the firm were responsible, and answerable, primarily to the executors. [35] Mr TL was obliged to advise his clients th...

8. Family Court Rewrite Submission - Family Works Northern [pdf, 415 KB]

   ...McMichael 22 February 2019 Introduction We were impressed with the content of the Consultation Document and believe if implemented it would be a very useful improvement in services offered to families experiencing breakdown where day to day care arrangements cannot be self-resolved. Whatever the ultimate recommendations are, we ask that the Panel recommends that FDR continues to sit as the substantive service in which parties must attempt to engage before a Judge receives an...

9. INZ (Gilray) v Croxson [2019] NZIACDT 72 (18 October 2019) [pdf, 142 KB]

   ...lack of probity. The applications filed with Immigration New Zealand for Messrs E and B had been expertly prepared. Mr Croxson had secured work visas for three years for both of them. [25] According to counsel, this was the first time in a career of 14 years as an immigration adviser that Mr Croxson had faced a formal complaint. He was scrupulous in his practice and the complaint had come as a real shock. He was remorseful and had learned from this lapse in judgement, having t...

10. LCRO 3/2019 YR v OS (20 July 2020) [pdf, 207 KB]

    ...owed to non-clients [21.120] The lawyer-client relationship is presumed to give rise to fiduciary duties: see [4.40]. Yet as fiduciary duties are superimposed upon a relationship in circumstances where a court considers that a party should be protected from another party’s potential abuse of position, it stands to reason that lawyers can owe fiduciary duties to non-clients. The danger is that fiduciary duties owed to a client may conflict with those owed to a non-client, placing th...