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1. LCRO 100/2021 QT v Righteous Law Ltd (21 June 2022) [pdf, 252 KB]

   ...would have occurred? Question 3 – Whether Righteous Law Limited’s conduct in completing settlement without obtaining an undertaking or a guaranteed search prior to settlement amounts to a failure to act competently consistent with the duty of care? 18 Beech Cove Properties Ltd v Reps Ltd (2010) 11 NZCPR 601 (HC). 19 At [45]. 20 At [64]. 21 BF’s opinion (9 September 2021). 11 [47] Without in any way diminishing the value of Mr BF’s opinion, the questions aske...

2. Enduring Power of Attorney (EPA) In relation to property [docx, 104 KB]

   Enduring Power of Attorney (EPA) In relation to property Protection of Personal and Property Rights Act 1988 Notes to enduring power of attorney Please read these notes BEFORE completing the form. In these notes, “attorney” includes each attorney (if you have appointed more than 1) and a successor attorney whose appointment has come into effect. (See the glossary of terms at the end of these notes for the meaning of attorney and other terms set out in bold italics.) Setting up your EPA...

3. LCRO 261/2016 TJ v DM and ZP (26 September 2019) [pdf, 196 KB]

   ...particular complaint, but rather that a decision maker was not required to respond to each and every complaint made. The fact that the Committee did not refer to a specific complaint, did not mean that it had failed to consider it. [24] I have carefully read all the submissions and have had the benefit (unlike the Committee) of hearing directly from Ms TJ. [25] I consider myself well placed to identify the conduct issues of significance for Ms TJ and will advance my analysis in t...

4. Proactive-Release-Family-Court-Associate-FINAL.pdf [pdf, 3 MB]

   ...Court Registrars, and some owers of a Family Court Judge including their administrative workload, dec sions made at early stages of proceedings and interlocutory hearings; 7 agreed that in order to recognise the judicial nature of the position and protect the Family Court Associate’s independence that: 7.1 the determination of the remuneration for the Family Court Associate be the responsibility of the Remuneration Authority; 7.2 a Permanent Legislative Authority should be provided f...

5. FS v UR LCRO 247 / 2010 (12 October 2011) [pdf, 95 KB]

   ...Practitioner was subsequently amended to identify the complaints as involving excessive charges and the failure to provide a letter of engagement. The notification letter referred the Practitioner to Chapter 3 of the Rules of Conduct and Client Care, in particular to Rule 3.4 (which required a lawyer to provide a client with information about the client service), and Rule 3.7. which excludes the application of 3 Rule 3.4 where „….the lawyer is instructed by another lawyer...

6. Evaluation of programmes for Māori adult protected tersons under the Domestic Violence Act 1995 [pdf, 4.3 MB]

   Evaluation of Programmes for Mäori Adult Protected Persons under the Domestic Violence Act 1995 Fiona Cram Leonie Pihama Kuni Jenkins Matewiki Karehana of The International Research Institute for Mäori and Indigenous Education The University of Auckland June 2002 ii First published in June 2002 by the Ministry of Justice PO Box 180 Wellington New Zealand © Crown Copyright ISBN 478-20161-3 iii Foreword The Domestic Violence Act 1995 provides programmes for people whose liv...

7. [2019] NZEnvC 173 Summerset Villages (St Johns) Limited v Auckland Council [pdf, 9 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 173 of the Resource Management Act 1991 (the Act) of an appeal pursuant to s120 of the Act SUMMERSET VILLAGES (ST JOHNS) LIMITED (ENV-2018-AKL-160) Appellant AUCKLAND COUNCIL Respondent Court: Judge J A Smith Commissioner A Gysberts Commissioner K Prime Hearing: At Auckland, 9-11 September 2019 (including Site visit) Appearances: R E Bartlet

8. LP v NB LCRO 114/2012 (19 December 2014) [pdf, 98 KB]

   ...from a criminal process, so it is inappropriate to draw analogies between the two. The main distinction is that the function of the disciplinary process has no significant punishment element and the focus of the proceeding is ensuring the public’s protection. This reinforces the purpose of the rules as set out in [18] below. [16] Section 5(1) of the Interpretation Act 1999 provides that the meaning of an enactment must be ascertained from both its text and in light of its purpose....

9. [2024] NZIACDT 19 – SC v Murthy (21 June 2024) [pdf, 244 KB]

   ...Code in the following ways: 1. Failing to realise the complainant was ineligible for any type of visa, following the refusal of his refugee claim. 2. Failing to request the complainant’s complete file from Immigration NZ, the Immigration and Protection Tribunal or his previous solicitor, prior to filing the application. 3. Failing to recognise that the application was likely futile and to obtain the complainant’s written consent before proceeding. 4. Failing to conduct herse...

10. Recommendations Recap Issue 26 1 January-31 March 2021 [pdf, 984 KB]

    ...51 Rogers [2021] NZCorC 12 (25 January 2021) ........................................................................ 53 Tornmarck [2021] NZCorC 52 (30 March 2021) ..................................................................... 55 Medical Care ............................................................................................................................ 58 iii Laing [2021] NZCorC 17 (4 February 2021) .............................................................