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Search results for care and protection.

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  1. BORA Dumping and Countervailing Duties Amendment Bill [pdf, 185 KB]

    ...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions....

  2. BORA Joint Family Homes Repeal Bill [pdf, 79 KB]

    ...awaiting its first reading. It is a Member’s Bill in the name of Simon O’Connor MP. It is our understanding that the next Members’ Day is 15 February 2012. 2. The Bill seeks to repeal the Joint Family Homes Act 1964 and s 16(2) of the Family Protection Act 1955. 3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. This advice has been prepared by the Public Law Group and the Office of Legal Counsel....

  3. Linton v Keswick LCRO 95 / 2009 (25 August 2009) [pdf, 94 KB]

    ...Mr Keswick‘s version of events. [34] I did not find either of the parties to be more convincing than the other. The corroborating evidence of the respective witnesses was of limited use. There was no reason for either party to be listening carefully at the time and there is a high likelihood that relevant statements in the telephone calls were not overheard. 9 [35] If Mr Keswick had, with the hearing date looming, demanded that such a large sum be placed in his trust accoun...

  4. LCRO 134/2018 AH v NR (7 April 2019) [pdf, 200 KB]

    ...applied for a review of a decision by the Auckland Standards Committee 3 (the Committee). The Committee determined that by failing to honour an undertaking Mr AH had contravened r 10.3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules (the rules) which constituted unsatisfactory conduct pursuant to ss 12(c) and 12(b) of the Lawyers and Conveyancers Act 2006 (the Act). [2] In August 2017, Mr AH’s client sold a cafe business which occupied leased premise...

  5. LCRO 143/2020 TJ v YY (16 December 2021) [pdf, 230 KB]

    ...[2016] NZHC 361, [2016] NZAR 475 at [2]. 9 to provide advice to Ms YY on the issue as to whether Mr OW’s sisters had realistic prospect of challenging the brother’s will, he lost sight of the fact that his primary obligation was to preserve, protect and promote the interests of his client. [42] I think it unfortunate that Mr TJ characterised Ms YY’s apparent failure to inform him that all of the bank accounts had been transferred into joint names, as being conduct which wa...

  6. CAC 20004 v Kolich & Anor [2014] NZREADT 66 [pdf, 124 KB]

    ...BCL 1093 3 [c] He be censured. [d] He give an apology to the Croation Cultural Society and he undergoes such further education and training as required to address his obligations under the Act. [7] Having considered this matter carefully, the Tribunal determine that for the reasons set out in our earlier judgment this was a serious breach of Mr Vithal’s obligations as an agent. However he did not appear to recognise this failure. [8] The Tribunal therefore consider...

  7. LCRO 247/2015 TL v CS (19 July 2017) [pdf, 240 KB]

    ...Email CS to Legal Complaints Review Officer (LCRO) (17 December 2015). 12 At [5] and [7]. 7 all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [25] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that ne...

  8. [2012] NZLCDT 14 Auckland Standards Committee v ABC [pdf, 181 KB]

    ...letter of instruction and had received a certificate from the practitioner confirming that the cover was in place. The committee suggested that the practitioner had treated the certificate “lightly”. Certainly, it was clear she had not taken careful account of what it said and what, as a result, she was certifying. [19] For the practitioner it was acknowledged that she had failed to take proper care in signing a solicitor’s certificate which contained a term with which she...

  9. LCRO 35/2018 MR v GB (4 April 2019) [pdf, 266 KB]

    ...manner that amounts to professional misconduct. In the context of a person who practises alone, the likely consequence of other practitioners not accepting his undertaking is severe. [67] The authors of the text also refer to a censure as being protective of the reputation of the profession in that it is seen to be the precursor to publication of a practitioner’s name. [68] Publication is not proposed in this instance, but the seriousness of a censure is reinforced by these com...

  10. Auckland Standards Committee 1 v Arman [2019] NZLCDT 18 [pdf, 340 KB]

    ...3.5, 9.5, 11, 13 and 13.1. Applicable Principles [35] The purpose of the imposition of a penalty on a practitioner in disciplinary proceedings is not a punitive one. Primarily, the Tribunal has regard to the purposes of the legislation – protection of the public and protection of the reputation of the profession in the eyes of the public and the upholding of professional standards. [36] Purposes of rehabilitation, denunciation and deterrence are borne in mind. [37] So, also,...