Search Results

1. 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...

2. 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...

3. [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...

4. 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...

5. [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...

6. LCRO 137/2018 A1 v B2 (26 November 2018) [pdf, 158 KB]

   ...dealings with Ms A1 with integrity, respect and courtesy. [13] Ms A1’s relationship with Mr JB remains difficult, she considers Ms B2’s involvement makes that worse but she does not want to have to resort to the Family Court to ensure K is protected “from harm and abuse”. [14] Ms B2 provided a response on review. She says she acted on Mr JB’s instructions in 2012 and 2017, and denies any professional wrongdoing or personal vendetta in respect of Ms A1. Ms B2 says Ms...

7. 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...

8. [2015] NZEmpC 8 Q v Commissioner of Police [pdf, 110 KB]

   ...potential harm which would occur were details of its operation and members to become public. Those matters are set out at paras 3 to 10 of Ms Groot’s affidavit; the information contained therein is essentially accepted by the plaintiff. I have carefully reviewed that information, which I have been able to consider against a considerable volume of documentary material which has been provided in an agreed bundle for the purposes of the trial. The information in Ms Groot’s affid...

9. BORA Food Bill [pdf, 152 KB]

   ...unreasonable search and seizure. There are two limbs to the s 21 right. First, s 21 is applicable only in respect of those activities that constitute a "search or seizure". Second, where certain actions do constitute a search or seizure, s 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. Regulatory Inspection Power 17. Clauses 266 to 277 of the Bill empower a food safety officer to enter certain places without a wa...

10. Recommendations Recap 2024 Q2 [pdf, 884 KB]

    ...NZCorC 63 (5 April 2024) ............................................................................... 38 iii Ure [2024] NZCorC 113 (11 June 2024) ................................................................................ 39 Medical Care ............................................................................................................................ 40 Mantell [2024] NZCorC 90 (15 May 2024) .........................................................................