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1. Making Aotearoa Safer and more Inclusive Summary of engagement [pdf, 1.4 MB]

   ...behaviour the law prohibits and increase the consequences for breaking the law 3. increase the punishment for the criminal offence 4. change the language of the civil incitement provision to match the changes in Recommendation 4 5. improve the protections against wider discrimination by changing the civil provision so it makes “incitement to discriminate” against the law, and 1 The Royal Commission of Inquiry. Ko tō tātou kāinga tēnei, Report of the Royal Commission of...

2. 26 February Legal Aid News 2015 [pdf, 366 KB]

   ...protecting and improving the wellbeing of vulnerable New Zealand children. Several new initiatives will start being phased in later this year, including new requirements for organisations and people who work with children, and new court orders for the care and protection of children. An overview of all the changes coming into force can be found in the Legislation section of the Children’s Action Plan website, and more information will be made available over the coming months. Th...

3. LCRO 382/2013 SC v JT (30 June 2017) [pdf, 193 KB]

   ...determination, has been to: (a) Consider all of the available material afresh, including the Committee’s decision; and (b) Provide an independent opinion based on those materials. Analysis [24] Mr KL filed written submissions at hearing, and carefully took me through each of the submissions. [25] Before addressing those submissions, I turn briefly to aspects of the Committee decision, and the conduct rules engaged by this review. [26] Careful reading of that decision give...

4. Summary of feedback on Adoption in Aotearoa New Zealand Discussion document [pdf, 227 KB]

   ...“lifelong parental status order” or “child status order” – adoption law reform organisation “Alternative court orders already exist (under CoCa, OT, Immigration Acts) and these should be the only laws utilised by the courts when it comes to the care of children. Because there is no need for adoption in order to meet the needs of the child/ren involved, therefore adoption should be abolished.” - child of adopted person 10. This perspective was also put forward by the Family...

5. BORA Vulnerable Children Bill [pdf, 307 KB]

   ...and related conduct; and • Clauses 104-107 and 114 provide a presumption that, where a person has been convicted of murder, manslaughter or infanticide of a child in his or her custody or where a child has been removed from custody for reasons of care or protection without prospect of return, any other child is to be removed from that person’s custody. The presumption may be rebutted by the person showing him- or herself to be safe to parent. 2.2 Each of the prohibitions that appl...

6. BW v YD Ltd [2014] NZDT 693 (6 May 2014) [pdf, 80 KB]

   ...remained vacant at $1,360 each and a further $1,266.95 for maintenance costs incurred by her. After deduction of the $1,360 of bond moneys received, her claim for compensation is stated to be $2,626.95. YD Limited claims that it acted with reasonable care and skill in the performance of its obligations under the contract and declines liability. Law [3] Law of Contract, Consumer Guarantees Act 1993 Issue [4] Did YD Limited act in breach of its property management agency contract b...

7. [2011] NZEmpC 89 Young v Bay of Plenty DHB [pdf, 62 KB]

   ...justified. As the Authority recorded in its determination also, Mr Young was unsuccessful in an application for leave to this Court for leave to challenge out of time. That was the occasion on which costs of $2,500 were awarded. [8] The Court must be careful to protect the rights of a litigant (including an unsuccessful litigant) to be able to challenge adverse findings in litigation. Just as financial constraint should not be a reason to deny access to justice, so too should not...

8. Women Living Without Violence: evaluation of programmes for adult protected persons under the Domestic Violence Act 1995 [pdf, 607 KB]

   Women living without violence An evaluation of programmes for adult protected persons under the Domestic Violence Act 1995. Gabrielle Maxwell Tracy Anderson Teresea Olsen February 2001 Women living without violence ii DOVE Hawkes Bay and VIPs Wellington believe that the programmes operated by them and which are evaluated in this report constitute intellectual property belonging to those organisations. They request that any person wishing to use information about those programmes co...

9. LCRO 161/2020 SE v GR (31 March 2021) [pdf, 305 KB]

   ...response to Ms SE’s complaint in my later analysis.10 Standards Committee decision [23] The Committee delivered its decision on 20 July 2020 and determined that Mr GR contravened r 7 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) which constituted unsatisfactory conduct under s 8 Mr HM is a Licensed Private Investigator. Ms SE’s submissions (9 March 2020). 9 Mr HM, email to LCS (11 March 2020) claiming the deposit ($43,000); legal...

10. [2023] NZIACDT 7 - EQ v McCarthy (20 March 2023) [pdf, 205 KB]

    ...longer acting for the complainant. It is not known by the Tribunal whether a residence application was filed. Decision of the Tribunal [12] The Tribunal found Mr McCarthy breached numerous provisions of the Code: (1) Failed to exercise due care and diligence in ensuring the second expression was completed correctly and failed to carry out the complainant’s instructions, in breach of cls 1 and 2(e). (2) Failed to inform the complainant that he could not continue to provide...