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...consideration as to whether it is appropriate to order a penalty, I refer to the guidance provided by the Disciplinary Tribunal which has stated that the”:26 predominant purposes [of orders] are to advance the public interest (which include ‘protection of the public’), to maintain professional standards, to impose sanctions on a practitioner for breach of his/her duties and to provide scope for rehabilitation in appropriate cases
...Relations Amendment Act 1989 because it gave rise to difficulties identified in New Zealand’s most recent report to the Committee on the Elimination of Racial Discrimination (see CERD/C/184/Add.5, para. 14). The Human Rights Act 1993 contains a more carefully drafted provision attempting to avoid these difficulties. In particular, the new section 61 provides that it is not essential that words be used in a "public place", if the user knew or ought to have known that the words were r...
...particular concern to BR, is that EP did not, when completing his review, consult with BR. [12] In response, EP submits that: (i) BR has no standing to lodge a complaint against him. MS, not BR, was his client. (ii) He owed no duty of care to BR. (iii) He is unaware of any principle of law by which BR could legitimately assert he was owed a duty of care, nor could he sustain complaint that he had breached any professional ethic duty or standard of care owed to BR by refe...
...MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 0 " '7 of the Resource Management Act 1991 of a direct referral under s 198E of the Act of a Notice of Requirement by the Minister for Children to alter Designation 3800 'Care and Protection Residential Centre - Upper North' in the Auckland Unitary Plan (Operative in Part) MINISTER FOR CHILDREN Applicant (ENV-2019-AKL-000007) AUCKLAND COUNCIL Regulatory Authority Court: Principal Environment Judge...
...in accordance with the client’s instructions unless to do so would be contrary to law.” [43] The above rules are general and must be balanced against one other. The Real Estate Agents Act 2008 and the Rules are designed to provide consumer protection. Fair disclosure to assist consumers in making informed decisions is an important part of that protection. [44] The Act places a positive obligation on agents to be “open, honest, accountable and to ensure that nobody is misled or...
Reviewing the Family Court Case File Sample September 2011 www.justice.govt.nz SX10088, Wellington 6140, New Zealand Overview The Ministry of Justice, in collaboration with the judiciary and court staff reviewed a sample of Care of Children Act 2004 (CoCA) and Property (Relationships) Act 1976 (PRA) cases to help inform the Review.1 The cases selected were not intended to be representative of all cases involving applications made under these Acts but, instead, provide...
...have thought failing to address a High Court Judge by his correct name might be considered disrespectful and in breach of… rule 13.2.1”.6 (d) Chapters 2, 3, and 13 of the rules dealing with upholding the rule of law, acting competently, and protecting court processes could be relevant; in any event. (e) Mr ST had been given clear particulars of the conduct in question. (f) … whenever a judicial officer criticises Counsel then there is a clear proper basis for a Law Societ...
...the last-mentioned date: PROCEDURE 1. The case originated in an application (no. 24746/94) against the United Kingdom lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by an Irish and British national, Mr Hugh Jordan (“the applicant”), on 13 May 1994. 2. The applicant, who had been granted legal aid, was represented by Mr K. Winte...
...Friday, 12 April 2019 email, and her telephone message that day, BN had not contravened his duty to act in a timely manner.4 3 Rule 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) states “In providing regulated services to a client, a lawyer must always act competently and in a timely manner consistent with the terms of the retainer and the duty to take reasonable care”. 4 Rule 3. 5...
...a result of allowing unlicensed people to manage immigration applications, a false document was filed by one client and repeated applications by another client were incomplete. Immigration New Zealand contends Mr De’Ath failed to exercise due care in making these applications. [3] Mr De’Ath accepts that his business practice was contrary to the relevant legislation and that he has breached his professional obligations. BACKGROUND [4] Mr Benjamin Neil Stewart De’Ath is a l...