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1. Wellington Standards Committee 2 v Morahan [2017] NZLCDT 34 [pdf, 178 KB]

   ...in considering the penalty must always be the nature and seriousness of the negligence or incompetence of the conduct complained of.1 [5] We have found that the respondent’s conduct involved breaches of a number of rules of conduct and client care over a number of years firstly by allowing his longstanding client relationship with one person to overlook his obligations to others involved and secondly by his conduct in respect of proceedings in the Family Court

2. Kaufusi v Tangilanu [2014] NZIACDT 70 (19 June 2014) [pdf, 90 KB]

   ...grounds of complaint: [4.1] The adviser breached the Licensed Immigration Advisers Act 2007 (the Act), in that: [4.1.1] She was negligent (section 44(2)(a) of the Act); [4.1.2] While performing professional services she breached her duties of care, diligence, respect and professionalism under the Licensed Immigration Advisers Code of Conduct 2010 (the Code), (clause 1.1(a)); [4.1.3] Breached her duties in relation to written agreements (clauses 1.5(a), (b), (d) and 8(b) of the Code)...

3. LCRO 206/2018 JA v CL (22 July 2020) [pdf, 168 KB]

   ...client…”.4 It noted that Ms BS herself had not made any complaints about Ms CL’s conduct. [9] It said: “…the existence of a duty to a non-client is very much an exception” and that, “these principles are recognised in the client care rules”.5 [10] The Committee continued:5 For that reason, under most circumstances it is not conceivable that a lawyer could owe a duty of care to a third party on the opposing side of a dispute, as this would have clear potential to...

4. Welfare guardians

   ...appoint a welfare guardian for them. For the court to do this, it must mean the court believes a welfare guardian is the only way to make sure the right decisions are made for the person. What a welfare guardian does How a welfare guardian supports and protects the welfare and best interest of the person they’re acting for. What a welfare guardian does Apply for a welfare guardian People can apply for a Welfare Guardian Order for themselves or someone else. For the court to appoint a welfar...

   Located in:

   1. Family >
   2. Powers to make decisions for others

5. RN v QW LCRO 226/2012 (8 September 2016) [pdf, 97 KB]

   ...evidence, and that fresh evidence was not 17 invited. I note, however that this Office is charged with a review function and that further information can be obtained at the LCRO’s discretion. Nonetheless, I have been assisted by counsel’s careful submissions, and can find no cogent reason to refer matters back to the Committee. Decision Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the decision of the Standards Committee is confirmed. DATED this...

6. Butcher v NZ Transport Agency [2022] NZHRRT 21 [pdf, 586 KB]

   ...teaching, either individually or in community with others, and either in public or in private. [5] In light of those provisions, Mr Butcher submitted that the religious beliefs of people such as him whose religious beliefs are not widely shared are protected, directly and indirectly by s 19 of the Bill of Rights Act. [6] Mr Butcher further relied on ss 13 and 15 to argue that the meaning of religious belief under the HRA must be understood to include both the belief itself and the mani...

7. BORA Manukau City Council (Control of Street Prostitution) Bill [pdf, 417 KB]

   ...section is triggered at the point of detention, and a statutory requirement to provide information while arrested or detained raises a prima facie issue of inconsistency under this section. 22. The Canadian Supreme Court has outlined the high degree of protection that the law affords to the right to refrain from making a statement when arrested or detained. In R v Hebert,[14] McLachlin J (as she then was) said: The purpose of [the right] is two-fold: to preserve the rights of the detain...

8. LCRO 33/2016 GW v AX (27 June 2018) [pdf, 292 KB]

   ...liquidation). The Official Assignee had argued that lawyers should just stand in line like any other unsecured creditor, and to privilege them was “archaic”. Thomas J noted that the original justification for the lien was that if lawyers were not so protected, they would not assist “needy people” who were in danger of insolvency. He saw the justification as more broadly based, founded on the rights of access to the courts and to legal representation. The increasing cost of lit...

9. LA - Part 2 - Areas of Law Family [pdf, 710 KB]

   ...Pre-proceedings settlements Other Areas of Law Family PART 2 AREAS OF LAW – FAMILY – MOJ0052.2-MARCH14 PAGE 2 / 6 Family Court matters Current Year Previous Year 20–– 20–– 20–– Types of Family Court cases Adoption Act 1955 Care of Children Act 2004 Children, Young Persons and their Families Act 1989 Domestic Violence Act 1995 Family Proceedings Act 1980 Protection of Personal and Property Rights Act 1988 Property (Relationships) Act 1976 Family Protection Act...

10. BORA Misuse of Drugs Amendment Bill (No3) Supplementary Order Paper [pdf, 101 KB]

    ...expression) and 26 (prohibition against discrimination) of the International Covenant on Civil and Political Rights ("the ICCPR"). Although Article 19 of the ICCPR allows for restrictions to be placed on the right to freedom of expression for the protection of public health, such restrictions are only permissible where they are shown to be necessary. We consider that such restrictions would only be "necessary" where it could be shown they were reasonable in terms of se...