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1. LCRO 242/2014 HW v DL [pdf, 122 KB]

   ...have enabled that lawyer to be sure that Mr TM was not being disadvantaged. By requiring Mr TM to take independent advice the respondent would then have been free to offer full and frank advice to Mr HW, if only to ensure that he was sufficiently protected to enable the obligations to the bank to be met so that the property was not at risk of being seized by the bank pursuant to its security. [43] The respondent has failed in his duties to the parties and is in breach of r 6.1 of...

2. Restorative justice: Best practice framework August 2019 [pdf, 1006 KB]

   ...‘Principles of Best Practice’ and the restorative justice providers’ ‘Statement of Restorative Justice Values’. The document noted that ‘the use of restorative justice processes in cases of family violence and sexual violence must be very carefully considered’. In 2013, Restorative Justice Standards for Family Violence Cases and Restorative Justice Standards for Sexual Violence Cases were developed that recognised the additional safeguards and processes needed when deal...

3. Auckland Standards Committee 2 v Lawes [2019] NZLCDT 19 [pdf, 366 KB]

   ...agree with Mr Kitching’s recommendations. We note that the practitioner provides client information where overhead costs may be passed on. We intend to make no further comment on this. Charge 1 – Issues 1 to 3 [28] The Tribunal considered carefully the responses provided by the practitioner to the concerns. In essence, he has acknowledged that he may have failed in some respects to have complied with the requirements of the Act, the Rules and the Regulations. However the T...

4. [2020] NZIACDT 8 - GQ v Ramos (10 February 2020) [pdf, 123 KB]

   ...Moses, counsel 2 PRELIMINARY [1] The complainant, GQ, instructed the adviser, Ms Genoveva Evelyn (Gennie) Ramos, to obtain a post-study (employer assisted) work visa, following study in New Zealand. The complainant had an offer to work as a caregiver. The visa application made was unsuccessful as Immigration New Zealand did not regard the job as related to the qualification obtained. The complainant alleges that Ms Ramos was incompetent. [2] A complaint against Ms Ramos...

5. 2021-03-15 D-G of Conservation opening subs [pdf, 246 KB]

   ...Wai 1. The National Policy Statement for Freshwater Management 2020 (NPSFM) sets out at 1.31 its fundamental concept – Te Mana o te Wai: (1) Te Mana o te Wai is a concept that refers to the fundamental importance of water and recognises that protecting the health of freshwater protects the health and wellbeing of the wider environment. It protects the mauri of the wai. Te Mana o te Wai is about restoring and preserving the balance between the water, the wider environment, and the co...

6. Hawkes Bay Standards Committee v McKay [2014] NZLCDT 20 [pdf, 64 KB]

   ...arrangement at the direction of H’s purported agent who, by the time of the relevant events, was also a director of JCR. All of this was known to the respondent. No security was provided for H for the performance of the buyback agreement or for protection against the very event which subsequently happened, with the loss of the property through a mortgagee sale. The respondent’s conduct in relation to H, including the use of the completed A and I form to complete the sale at an unde...

7. Matchitt v Butler - Matangareka 3B (2018) 189 Waiariki MB 74 (189 WAR 74) [pdf, 673 KB]

   ...consideration is that the payment must be just and reasonable in all the circumstances: 13 [91]…In making this assessment the Court must balance two competing considerations: that the office of trustee is generally gratuitous and beneficiaries must be protected from the claims of trustees; and second, the importance to beneficiaries that trusts be well administered and their interests advanced. 12 Marks v Orbell – Rowallan Block...

8. LCRO 74/2020 NS v AD (29 January 2021) [pdf, 285 KB]

   ...carried out by Mr NS. [5] Ms AD has not applied to review the Committee’s determinations in relation to the estate and sale matters. Accordingly, this decision relates only to the immigration work. Background Ms ND’s instructions: Domestic protection [6] In early 2017, Ms ND approached Ms G, a lawyer with her own law firm, to act for her in domestic protection proceedings involving her husband (the DV proceedings). [7] Ms G practised in [suburb A], from the floor of a bui...

9. OIA-120214.pdf [pdf, 5 MB]

   ...the matter to registrar to consider whether it should be placed on the Evatt list. Family DOORS Triage Framework: - DOOR 1 Client self-report – not just screening for victimisation but also for perpetration, high conflict, substance abuse, child protection issues. - DOOR 2 Enquiry – asks questions based off survey answers given. Identifies ability and willingness to access support. - DOOR 3 – Develop safety plan The Family Counsellor: - Concern originally that completing the surve...

10. E81 Karen Wilson (Engagement) - EIC - Te Ākitai Waiohua [pdf, 3.5 MB]

    ...set out Te Ākitai’s view on engagement generally as there are a number of layers. 14. Firstly, te Tiriti o Waitangi (“Te Tiriti”) is the cornerstone of our relationship with the Crown. 15. Pursuant to Te Tiriti the Crown must actively protect our customary rights and interests in all of our taonga including the Waitematā. Implicit in the principle of partnership includes the duty to consult. 16. Secondly, the nature and extent of the engagement required is in part based...