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1. Review of the Delivery of Restorative Justice in Family Violence Cases by Providers funded by the Ministry of Justice [pdf, 602 KB]

   ...and the Police (n=9) referred family violence cases to restorative justice providers. • Most restorative justice providers (86%) required victim consent before a case went to a conference or panel. • Providers thought that particular care needed to be taken with the screening of referrals, pre- conference preparation, and conference facilitation in order for a restorative justice meeting to happen safely in family violence cases. • Providers said they worked appropriate...

2. Holmes v Ministry of Social Development [2012] NZHRRT 19 [pdf, 144 KB]

   ...1993 relating to the non-publication of evidence or to the identity of any person involved in these proceedings. The interim order made at the commencement of the hearing on 1 December 2011 is accordingly at an end. That interim order was made to protect the confidentiality of a decision of the Social Security Appeal Authority received in evidence. We have not found it necessary to refer to that decision with the result that it does not require protection in these proceedings additional...

3. Canterbury / Westland Standards Committee 3 v Johnson [2018] NZLCDT 5 [pdf, 464 KB]

   ...situation of a trustee selling to co-trustees who were also clients was unusual. [92] He also accepted that it would have been important for the trustees to understand the nature of Ed Johnston’s conflict of interest. [93] The Tribunal, having carefully listened to the evidence of both respected experts, preferred the evidence of Mr Eades. We have noted the concessions made 31 NOE page 250. 32 NOE page 251. 33 NOE page 251. 34 NOE...

4. LCRO 73/2020 A and B WT v CV and DU (29 September 2021) [pdf, 185 KB]

   ...their mistakes. [12] Mr DU and Mr CV provided response to the complaint filed on 7 November 2019. They submitted that: (a) they had acted in accordance with their obligations under the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules); and (b) they had acted at all times in accordance with their client’s best interests and instruction; and 4 (c) they had no involvement with the preparation of the sale and purchase agreement or repres...

5. Marumaru v Waipakuranui Incorporation (2012) 279 Aotea MB 137 (279 AOT 137) [pdf, 294 KB]

   ...trades. Further Material Received by the Court [22] The Court received a copy of a letter written by Mr Bell dated 5 December 2009. In this letter, addressed to a Mrs Witerina Cooper, Mr Bell warns Mrs Cooper to “consider your position very carefully before joining [Mr Marumaru]” (by putting her shares behind him to help him achieve the requisite 10% support) to support the application. Mr Bell advised that Mr Marumaru‟s claim that his lease proposal was not properly conside...

6. CAC 10054 v Hume [2013] NZREADT 91 [pdf, 252 KB]

   ...2012 the defendant had been convicted on a charge of threatening to injure (since confirmed on appeal) and the conviction related to the events of 27 July 2011 described by Ms Q before us and covered above. [26] All the prosecution witnesses were carefully cross-examined by the defendant. Further Evidence for the Prosecution [27] Then, by consent, there were other various briefs for the prosecution which generally came from persons who had dealt with the defendant as a real estate...

7. IJ v KL LCRO 190/2016 [pdf, 219 KB]

   ...KL’s employer, after the mediation, for $9,200 and which was paid directly to the firm by the employer. [37] The Committee began its consideration of this issue by setting out the provisions of s 110 of the Act, noting the importance of consumer protection and how that is enhanced by the importance of lawyers holding client funds in a trust account. [38] The Committee noted that Mr IJ does not operate a trust account. It saw the issue as being whether Mr IJ had received all or pa...

8. LCRO 75/2016 XN and WN v VO (25 February 2019) [pdf, 242 KB]

   ...[34] Mr and Mrs N say they “are not seeking anything other than a finding that Mr VO acted deceptively” in respect of which they say there is “ample information”. [35] They say it should have been “obvious” to the Committee from “a careful examination” of their complaint that by communicating with them on his letterhead Mr VO reinforced his demands of them. Response [36] In his response filed in this Office on 6 May 2016, Mr VO asks that the Committee’s decision...

9. [2023] NZEnvC 055 New Zealand Transport Agency v Waikato Regional Council [pdf, 472 KB]

   ...adverse effects listed in this section.49 We accept this. Notices of Requirement - Having “particular regard to” considerations [61] The phrase “having particular regard to” in relation to relevant considerations under s 171(1) has been carefully analysed by the High Court as follows (footnotes omitted):50 [64] Plainly the phrase “shall have particular regard to” conveys a stronger direction than merely “to have regard to”. Section 7 (which includes the phrase) is...

10. BC v YT LCRO 215 / 2010 (1 April 2011) [pdf, 83 KB]

    ...Rules provide that all practitioners have a mandatory obligation to report misconduct of other practitioners, and a discretionary duty to report unsatisfactory conduct. [32] Rule 2.8 provides as follows:- Subject to the obligations on a lawyer to protect privileged communications, a lawyer who has reasonable grounds to suspect that another lawyer has been guilty of misconduct must make a confidential report to the Law Society at the earliest opportunity. Rule 2.9 provides: Subjec...