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1. [2025] NZLCDT 12 Auckland Standards Committee 4 v O'Boyle (10 March 2025) [pdf, 203 KB]

   ...decision should give adequate reasons for determinations. The decision we deliver to the parties intends to do so. However, for the copy available to the public, we have chosen to redact many portions, whether sentences or paragraphs. We do so to protect the privacy of Ms O’Boyle and members of her family in respect of evidence, and our comments and findings, that go beyond what should be shared publicly. In some of the resultant gaps, we offer an indicative note; in others it i...

2. OIA-109706-v2.pdf [pdf, 6.4 MB]

   ...including both in FDR and the in-court system through a lawyer for the child, specialist reports, and the judicial meeting. The purpose of this report is to identify best practices for children’s participation in decision making relating to their care, provide advice on where current practice differs from best practice, and propose improvements that could be made to child participation practices within the context of Care of Children Act (COCA) and FDR proceedings. Out of scope o...

3. SAR-Prisoner-voting-and-the-voting-rights-of-detained-people.pdf [pdf, 776 KB]

   ...from voting, regardless of being held in a prison or a hospital/secure facility; • those who have not been sentenced and convicted can vote, and voting rights are 9vcxud9cj0 2025-06-18 08:28:45 3 retained/regained for special patients/care recipients.1 Non-regulatory options were not considered as voter eligibility rules are set out in the Act. What consultation has been undertaken? We were not able to consult prior to Cabinet decisions being made, due to the timeframe...

4. McMeeken and Anor v CAC306 & Ors [2015] NZREADT 79 [pdf, 224 KB]

   ...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...

5. VH Ltd v KI [2024] NZDT 386 (24 June 2024) [pdf, 97 KB]

   ...the risk for what happened in this situation and that KI is not liable for the sum he paid to the hacker. Factors I have considered in reaching this decision included the following: a) As a business dealing with the public, VH Ltd has a duty of care to be aware of BEC fraud and to take precautions against it and to warn its customers. This duty arises out of s28 of the Consumer Guarantees Act 1993 (CGA), which states that where services are supplied to a consumer there is a guarantee...

6. JR v ST LCRO 57/2015 (2 December 2016) [pdf, 248 KB]

   ...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...

7. Family Court review: case file sample [pdf, 373 KB]

   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...

8. Decisions-about-special-patient-leave-and-change-of-legal-status.pdf [pdf, 6.1 MB]

   ...legislation to repeal and replace the Mental Health Act [SWC-22-MIN-0234, SWC-23-MIN-0096]. 4. Under current legislation, the Minister of Health has a decision-making role in relation to special patients. These are people who enter compulsory mental health care through the criminal justice system. 5. Cabinet agreed that new mental health legislation should shift decisions relating to special patients from the Minister of Health to an appropriately independent body, with the independent...

9. LCRO 136/2021 YL v OB (28 February 2022) [pdf, 249 KB]

   ...not happy with; and (d) had compromised her position by failing to attentively and responsively manage her case. [9] Ms YL informed Mr OB, that she had received advice from a number of quarters that she should be lodging an application for a protection order. [10] Mr OB responded to Ms YL with indication that he was unable to continue to act for Ms YL whilst she was expressing reservations about the service he had provided for her. [11] Discussions then took place between Mr OB...

10. BORA - Oranga Tamariki Legislation Bill 2019 [pdf, 82 KB]

    ...consequential amendments to a range of statutes to give full effect to the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017, which modernised the legislation dealing with children and young persons who are in need of care and protection or who commit offences, now called the Oranga Tamariki Act 1989. Significantly, the Act extended the definition of young person to include 17 year olds, which required amendment to a number of enactments which make up the...