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...appears to be unnatural, violent or accidental the death happened unexpectedly during or as a result of medical procedures or anaesthetic the death is pregnancy or birth-related the person who died was in official custody or care the identity of the deceased person is unknown the person may have died due to poison, toxins, drugs or medication the death may be due to neglect, including self-neglect the whānau, caregiver or the medic...
...November 2023 (Heard at Auckland) Appearances: D Fleming, counsel for plaintiff RM Butler and DT Smith, counsel for defendant Judgment: 24 July 2024 JUDGMENT OF JUDGE K G SMITH [1] Bigson Gumbeze began working as a care and protection social worker for Child, Youth and Family on 22 March 2010. By November 2011 he had become a senior social work practitioner. [2] On 1 April 2017, Oranga Tamariki – Ministry for Children came into exi...
...this instance, P Ltd did not even provide that service to MT. It provided the service to a person pretending to be MT. 10. It is appropriate to take a broad and purposive approach to the application of the CGA, which is intended to be consumer protection legislation. Taking that broad approach I accept, for the purpose of this analysis, that P Ltd owed MT (indirectly) a duty of reasonable care and skill. 11. MT’s argument is that P Ltd failed to have appropriate processes / s...
...PURCHASE OF THE HOUSE? ................................................................. 21 WERE MR AND MRS WILKINSON ACTING AS DEVELOPERS? .................... 24 DID MR WILKINSON AND WILKINSON BUILDING AND CONSTRUCTION LIMITED BREACH THEIR DUTY OF CARE TO FUTURE PURCHASERS AS BUILDERS? ....................................................................................................... 26 IS HITEX LIABLE FOR THE CREATION OF DEFECTS? .................................. 28 DID MR H...
...fees. [42] Accordingly, licensed immigration advisers are given the freedom to practise as employees where they have little control over the business practices of their employer. However, they do so at their peril unless they establish proper protection for their professional independence, and assurance they can ensure they manage and deliver service for all aspects of the professional relationship (alone or with another licensed adviser). It is not open to Ms Zhou to claim they are s...
...Zealand Lawyers and Conveyancers Disciplinary Tribunal. Background [2] Mr GC, and his mother Mrs RC, were engaged in a lengthy and acrimonious family dispute. [3] In 2016, Mrs RC instructed Mr BU to make application to the Family Court for a protection order. Mr GC was the subject of the application for protection. [4] The application was filed on 9 May 2016. The application recorded the parties to the application as Mrs RC, together with her husband SC. 2 [5] Unfortunatel...
...terms of the trust, to act in accordance with the terms of trust, to act honestly and in good faith, to act for the benefit of the beneficiaries and to exercise powers for proper purpose. 8 The default trustee duties include: a general duty of care, to invest prudently, to avoid conflicts of interest, not to profit from role, and to be impartial. 468 Aotea MB 124 (a) carrying out the terms of the trust: (b) the proper administration and management of the business of the trust:...
...and an order subsequently being made that Mr Raheman not be employed by any legal firm in future. [7] Thus it is quite clear that the practitioner was let down by his employee. [8] The Tribunal considers that it is axiomatic that extreme care has to be taken in completing any Solicitor’s Certificate. As Mr McCoubrey submitted, this is in a special category of documents which are reserved to be the province of legal practitioners. Furthermore, lending organisations rely o...
...was in New Zealand unlawfully and sought Mr Letalu’s assistance to apply for a visa. The complainant paid fees and, after a long delay, the Adviser lodged an application. [2.2] Mr Letalu did not have a written agreement and his conduct lacked due care and diligence. [3] The Tribunal upheld the complaint and found Mr Letalu failed to meet minimum professional standards in that he failed to commence the professional relationship in accordance with clause 1.5 of the Code of Conduct (201...
...governing legislation and associated Family Law statutes, it is expected that candidates will demonstrate a high level of understanding of the dynamics and impacts of family violence, and related best practice. In accordance with the high volume of Care of Children Act 2004 proceedings in the Family Court, it is also expected that candidates will demonstrate a high level of understanding as it pertains to children’s development and rights. A Family Court Associate will need to be avai...