Search Results

1. Family and Sexual Violence work programme April [pdf, 327 KB]

   ...Legislation Bill. While the timing for the passage of the Bill and its entry into force are subject to Parliamentary decisions, work is underway to enable new court processes and ways of working in anticipation of new law. Simplifying and aligning Protection Order and Care of Children applications In support of the changes in the Bill, the Ministry is working to simplify and align protection order application forms and Care of Children Act (COCA) forms. The need to simplify th...

2. Taranaki Standards Committee v Hamilton [2013] NZLCDT 22 [pdf, 94 KB]

   ...independent advice. Furthermore he has been in conflict of duties between two clients. Although he may have initially had good intentions in putting these clients together, once again there was no attempt to obtain independent advice or properly protect the clients and a breach of trust resulted. The Law [12] Section 3(1)(a) and (b) of the Lawyers and Conveyancers Act 2006 (“LCA”) reads: “3 Purposes (1) The purposes of this Act are-- (a) to maintain public confidenc...

3. Inaia Tonu Nei - Hui Maori - English version WORD [docx, 69 KB]

   ...intergenerational effects of the racism, bias, abuse and colonisation that the justice system has created, enabled and continues to deliver almost 200 years since the signing of Te Tiriti o Waitangi. Māori did not sign Te Tiriti o Waitangi for tamariki to be in care, incarcerated or continually traumatised – this must stop now. Calls from those who attended the Hui Māori challenged the Crown and its officials directly for an enduring reform to stop the continuing degradation of whānau, h...

4. AFU v ZUC and ZUB [2013] NZDT 260 (21 March 2013) [pdf, 54 KB]

   ...respondents are liable and, if liable, the amount of their liability. These issues are determined on the evidence (what most likely happened) and law (negligence). Law [5] In law, the tort of negligence requires: (i) A breach of a duty of care owed to another person which results in reasonably foreseeable loss to the other person; and (ii) A duty of care owed to persons in such a relationship of proximity that a reasonable person would recognise that harm might ensue to...

5. Barfoot & Thompson v CAC 20003 [2014] NZREADT 48 [pdf, 51 KB]

   ...at the auction. The complainant (another potential purchaser) claimed that the licensee had advised him that no pre-auction offer less than $850,000 would be sufficient to stop the auction. [24] We found that when this type of situation arises, a careful agency should ensure that steps are taken to ensure fair dealing between all the parties. We upheld the Committee’s decision to take no further action against the licensee. We were not satisfied, on the balance of probabilities, tha...

6. UF v OU LCRO 90 / 2011 (20 March 2013) [pdf, 118 KB]

   ...that UG had in any event asked him for help and he was prepared to assist. He argued that he therefore had a relevant personal interest such as to entitle him to lodge the complaint. [17] He further referred to Rule 2.8 of the Conduct and Client Care Rules6 which requires a lawyer to make a confidential report to the Law Society if he or she has reasonable grounds to suspect that another lawyer has been guilty of misconduct. He also referred to Rule 2.9 which provides a discretion...

7. [2024] NZIACDT 14 – SC v Murthy (23 April 2024) [pdf, 166 KB]

   ...Immigration) of Auckland. [4] SC, the complainant, is a citizen of Bangladesh. He arrived in New Zealand in 2018 on a false passport and with fabricated supporting documents. He made a refugee claim which was declined. An appeal to the Immigration and Protection Tribunal (the IPT) was dismissed on 30 November 2020.1 His claim was found not to be credible. A second refugee claim was refused on 30 June 2022 and an appeal to the IPT was dismissed on 22 September 2022.2 [5] Mea...

8. Heng v Walshaw [pdf, 550 KB]

   ...84 • Vendor warranties 86 The liability of the second respondent, Peter Vining, in tort 90 • The personal liability of a director in tort 92 • Mr Vining’s role 97 • Did Mr Vining breach the duty of care and if so was there loss? 100 • Ground levels 105 • The cladding and windows 106 • Sundry Defects 109 • Duty to remedy 110 • Summary of second respondent’s liability 111 CLAIM NO.00734 – HE...

9. Auckland City Council as Assignee v Irwin [pdf, 196 KB]

   ...6. Respective Roles 12 7. David Irwin 12 8. S J Brentnall Limited 16 9. S J Brentnall 17 10. Ability to Claim 18 11. Role of S J Brentnall 19 Claim-1092.doc Claim-1092.doc 2 12. S J Brentnall Claimed Liability 21 13. Was a Duty of Care owed Independently of the Contractual Obligations? 31 14. Conclusion 44 15. Costs 45 Appendix 47 2. Summary 2.1 The claim is by the Auckland City Council which was sixth respondent, it having taken an assignment of the claim fr...

10. BORA Resource Management (Climate Protection) Amendment Bill [pdf, 187 KB]

    Resource Management (Climate Protection) Amendment Bill 2006 24 March 2006 Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: RESOURCE MANAGEMENT (CLIMATE PROTECTION) AMENDMENT BILL 2006 1. We have considered the Resource Management (Climate Protection) Amendment Bill 2006 (‘the Bill’), a Member’s Bill in the name of Jeanette Fitzsimons MP, for consistency with the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). The Bil...