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1. SG & LN v M Ltd [2023] NZDT 715 (12 December 2023) [pdf, 220 KB]

   ...if any compensation is awarded, M Ltd should at least be able to retain its significant production costs. 4. The issues to be resolved are: a. What was agreed about the design of the headstone? b. Has M Ltd provided services with reasonable care and skill? and c. If not, are SG and LN entitled to compensation of $15,000.00 as claimed, or to any other sum? CI0301_CIV_DCDT_Order Page 2 of 5 What was agreed about the design of the Headstone? 5. Under contract law, a l...

2. Justice Matters - issue 17 - December 2019 [pdf, 5 MB]

   ...when I look at what is happening across the justice sector, there is much that tells me we are up for the challenge. Corrections is showing the way with Hōkai Rangi, Police with Te Huringa o Te Tai and Oranga Tamariki with the launch of National Care Standards and the cross-Government work on the Child and Youth Wellbeing Strategy. In Justice, we have rolled out Family Violence legislation, are supporting the judiciary with Matariki and Rangatahi courts and are delighted with the ann...

3. Strengthening the family justice system - Word version [docx, 1.2 MB]

   ...told us of the challenges they deal with daily. The Children’s Issues Centre at Otago University shared with us its initial findings from the major research project it is undertaking, following the 2014 reforms, on how parents make arrangements for care of children post-separation. We will be receiving a further update from them to help our final report. We are grateful for their input. We have published this paper so people can comment on the issues discussed and the changes suggested, befor...

4. Strengthening the family justice system - PDF version [pdf, 2 MB]

   ...us of the challenges they deal with daily. The Children’s Issues Centre at Otago University shared with us its initial findings from the major research project it is undertaking, following the 2014 reforms, on how parents make arrangements for care of children post-separation. We will be receiving a further update from them to help our final report. We are grateful for their input. We have published this paper so people can comment on the issues discussed and the changes suggested...

5. Berry v Rondel LCRO 130 / 2011 (2 February 2012) [pdf, 170 KB]

   ...gave rise to a conflict of interest whereby Mr Rondel should have declined to act for Ms Berry 2) Mr Rondel did not obtain Ms Berry’s informed consent in terms of Rule 6.1.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 3) Mr Rondel did not provide Ms Berry with the information required to be provided by him pursuant to Rules 3.4 and 3.5. 4) Mr Rondel did not advise Ms Berry as to the terms of the Agreements or seek her instructions to var...

6. Proactive-release-20240715-CAB-Regulatory-Systems-Justice-Amendment-Bill_Final.pdf [pdf, 9.6 MB]

   ...for low-risk trusts. This amendment will provide relief for reporting entities and apply a more risk-based approach to customer due diligence requirements as they relate to trusts to reflect New Zealand’s unique trust environment. 5.4 Amend the Care of Children Act 2004 and the Protection of Personal and Property Rights Act 1988 to allow Family Court Associates to make orders by consent in Care of Children Act proceedings and decide uncontested applications to appoint property manager...

7. VU v AP LCRO 277/2011 (5 June 2013) [pdf, 50 KB]

   ...the matter had not been looked at. His complaint was that Mr AP had acted on behalf of himself and his wife without their authority or knowledge, and there was also the concern that Mr AP had breached Rule 11.1 of the Rules of Conduct and Client Care.1 [7] Rule 11 deals with proper professional practice. Rule 11.1 states that a lawyer must not engage in conduct that is misleading or deceptive or likely to mislead or deceive anyone on any aspect of the lawyer’s practice. [8...

8. Lomu v Tangilanu [2014] NZIACDT 42 (31 March 2014) [pdf, 73 KB]

   ...immigration services. [5] The statement of complaint identifies the potential grounds for upholding the complaint, with particulars. The key elements and particulars being: [5.1] A breach of clause 1.1 of the Code of Conduct – obligations relating to care diligence and respect. The particulars are: [5.1.1] The Adviser had instructions to apply for a visa on 4 January 2011, but did not lodge the application. [5.1.2] When her licence expired on 23 September 2011, she had not lodged t...

9. 30-June-Legal-Aid-News.pdf [pdf, 596 KB]

   ...fee schedules between 21 November to 19 December 2015. New fees have been added to the Children & Young Persons fixed fee schedule to accommodate:  a new type of guardianship order (special guardianship) for children leaving state funded care  a new care and protection ground for where the child's parent has previously had a child or young person removed due to abuse or neglect (Subsequent Children)  a new ability for the Chief Executive of the Ministry of Social D...

10. [2024] NZEnvC 237 Mangawhai Matters Incorporated v Kaipara District Council [pdf, 1.6 MB]

    Mangawhai Matters Incorporated v Kaipara District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 237 IN THE MATTER OF an appeal under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN MANGAWHAI MATTERS INCORPORATED (ENV-2024-AKL-187) Appellant AND KAIPARA DISTRICT COUNCIL Respondent AND THE RISE LIMITED Applicant Court: Environment Judge J A Smith sitting al