Search Results

1. OIA-102050.pdf [pdf, 7.8 MB]

   ...and family group. Proposals acknowledge the child’s culture and whakapapa as a key part of their identity and look to ensure the child can maintain cultural connections following an adoption. The interests of wider family and whānau will also be protected by enabling their participation in adoption cases and ongoing contact after the adoption. 20. The proposed regime will also ensure we meet our obligations internationally, particularly those under the Children’s Convention and the...

2. LCRO 178/2014 ZO v BV (15 June 2018) [pdf, 127 KB]

   ...properly be described as a “victim”. [76] Analysis of the inter-connected definitions in s 4 of the VRA leads me to the conclusion that Ms BV was, and remains, a victim of an offence. [77] Ms BV’s status as a victim affords her certain statutory protections and rights pursuant to the VRA and its broader principles. The purpose of the VRA as noted in s 3 is recorded as being: to improve provisions for the treatment and rights of victims of offences. [78] In my view, Mr ZO’...

3. FR v US LCRO 249 / 2010 (17 November 2011) [pdf, 130 KB]

   ...Section 12(c) of the Act further defines “unsatisfactory conduct” as being “conduct consisting of a contravention of [the] Act...or any practice rules made under [the] Act...” The Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 are practice rules made pursuant to the Act, and a breach of those Rules will therefore constitute unsatisfactory conduct. Was the Practitioner providing “regulated services”? [28] The first question to consider is wheth...

4. White v White - Mourea Papakainga 3E 14D1 Block (2011) 2011 Chief Judge's MB 280 (2011 CJ 280) [pdf, 122 KB]

   ...within the whanau in relation to the land being gifted to Patrick. The affidavits were from Taru’s brother, Tuhawaiki, Taru’s current partner, Adrienne Whitehouse, and Taru’s niece, Robyn McRae-Aoake, the daughter of his late sister Keita who cared for Martha until her own untimely death in October 2001. 2011 Chief Judge’s MB 284 [15] Taru appeared at the hearing. Mr Dowthwaite appeared for Patrick who resides in Australia and who did not appear. Although Patrick wa...

5. Practice Note: Lawyer for the Child - Selection [pdf, 180 KB]

   ...Note  replaces  all  previous  Practice  Notes  pertaining  to  the  selection,  appointment and payment of lawyer for the child.     4   TERMS AND DEFINITIONS   4.1   In this Practice Note:   (a)   COCA means the Care of Children Act 2004;  (b)  CYPTFA means the Children, Young Persons and Their Families Act 1989;  (c)   FCA means the Family Courts Act 1980  (d)   The term 'child' includes child as defined...

6. Justice Statistics data tables - notes and trends December 2021 [pdf, 271 KB]

   ...Family Court applications In 2021, there were 56,707 substantive applications filed in the Family Court. This increased 5% from 2020. The largest number of applications filed were for guardianship cases (27%). These applications relate to the Care of Children Act 2004 (excluding Hague) and are mostly applications for parenting orders. The next most frequent case types in 2021 were related to care or protection under the Oranga Tamariki Act 1989 (15%), family violence (14%),...

7. Application for personal Order in respect of applicant - PPPR3 [pdf, 93 KB]

   r 406 Form PPPR 3 Application for personal order in respect of applicant Section 10, Protection of Personal and Property Rights Act 1988 at ……………………………… [place] ……………………………………………………………………………………….. [full name] ……………………………………………………………………………………….. [address] ……………………………...

8. EU v VK LCRO 233 / 2010 (9 August 2011) [pdf, 182 KB]

   ...Background [2] The Practitioner acts (or acted) for the ex husband of the Applicant. The Applicant was represented by her own lawyer. Her complaint stated that she and her former husband were “currently in the family court in relation to care arrangements for our daughter...”. The disputes surrounding clothing, school and Easter holidays, birthdays, and other issues, including whether an application should be made for Counsel for the Child. The complaints against the Pract...

9. Duncan Webb "Engagement Letters" (December 2008) [pdf, 84 KB]

   Engagement Letters Members of the legal profession have expressed some frustration as regards some of the new Rules of Conduct and Client Care. The rules which have come in for most criticism (unsurprisingly) appear to be those which require the greatest changes to the way lawyers conduct their practice. While new obligations are imposed on lawyers by the Rules it may be that the obligations are not as onerous as some would think. Most importantly lawyers are free to determine for thems...

10. [2018] NZLCDT 29 Auckland Standards Committee 2 v Horsley [pdf, 96 KB]

    ...most closely analogous to the Grave2 decision, albeit at a slightly less serious level. [13] It was common ground that this matter could properly be dealt with by a fine, censure and an award of costs. This is certainly not a situation where the protection of the public requires a more serious intervention such as suspension. Decision and Orders [14] We accept the submission of counsel that the recommended penalties are proper in this matter, to reflect the seriousness but to tak...