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1. Recommendations recap - issue 5 [pdf, 1 MB]

   ...Recommendations recap covers a six-month period and includes 98 coronial cases where recommendations have been made. These findings were released by a coroner between 1 October 2012 and 31 March 2013. 1 Adverse effects or reactions to medical/surgical care 6 Aged and infirm care 9 Care facilities (other) 9 Child deaths 10 Deaths in custody 15 Drugs, alcohol or substance abuse 20 Electrocution 21 Fall 21 Fire-related 23 Mental health issues 25 Natural causes 26 Ov...

2. BORA Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Bill [pdf, 197 KB]

   ...the Bill of Rights Act. In reaching this conclusion we considered a potential inconsistency with s 14 (freedom of expression) of the Bill of Rights Act. PURPOSE 3. The Bill amends the Geneva Conventions Act 1958 and the Flags, Emblems, and Names Protection Act 1981 in order to implement New Zealand’s obligations under the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (the Third Protocol), signed by N...

3. LCRO 208/2020 & LCRO 214/2020 JA v RR and RR v JA (8 October 2021) [pdf, 233 KB]

   ...unenforceable) impediment to the autonomous rights of an individual or legal entity to engage the lawyer of their choice. [48] Whilst Mr JA argues that it is necessary to impose restrictions on Mr RR’s ability to practice on grounds that he considers protective measures are required to ensure the interests of family members (particularly of his elderly mother) are protected, it is not the case that all of the family members or parties involved with the trusts were critical of Mr...

4. Complaints Assessment Committee 403 v Shalendra Goundar [2017] NZREADT 76 [pdf, 190 KB]

   ...independent, transparent, and effective.14 [14] These purposes are best met by penalties for misconduct and unsatisfactory conduct being determined bearing in mind the need to maintain a high standard of conduct in the industry, the need for consumer protection, and the maintenance of confidence in the industry, and the need for deterrence. [15] A penalty should be appropriate for the particular nature of the misbehaviour, and the Tribunal should endeavour to maintain consistency in...

5. INZ (Foley) v Niland [2019] NZIACDT 16 (19 March 2019) [pdf, 126 KB]

   ...the decline of their applications, in breach of cl 26(b). (8) Allowed a visa application for one client to be lodged based on eligibility criteria which had not been assessed, in breach of the obligation in cl 1 to exercise diligence and due care; and (9) failed to assess one client’s employment agreement accurately against the relevant immigration instructions, in breach of the obligation in cl 1 to exercise diligence and due care. Second complaint [8] The second complaint...

6. Information Sharing Agreement for Sharing Permitted Information with Statistics New Zealand [pdf, 127 KB]

   ...principles apply to the operation of this Agreement: 8.1. The Ministry of Justice will share Permitted information with Statistics New Zealand as allowed under the District Court Act 2016 and the Senior Courts Act 2016 having regard to the principles and protections set out in the Privacy Act 1993. 5 8.2. Data shared under this agreement will once collected by Statistics New Zealand be subject to the process and confidentiality requirements of the Statistics Act 1975 and only be...

7. LCRO 243/2013 ZAA v YBC (27 June 2017) [pdf, 267 KB]

   ...down for an applicant-only hearing, Mr YBC indicated that he and counsel assisting him would attend. The review hearing took place by teleconference on 11 May 2017. 26 [26] I record that, as well as hearing from the parties in person, I have carefully read the complaint and response, the Committee’s decision and the submissions filed in support of the application for review. There are no additional issues or questions which in my mind necessitate any further submissions from...

8. GK v ZR LCRO 192/2013 (13 December 2016) [pdf, 180 KB]

   ...personal account. Any “funds held on trust for a client are entitled to the special protection offered by the stringent rules surrounding the administration of trust accounts …”.8 There is nothing new about instructing solicitors, or the protections solicitors’ trust accounts provide for client money, and for barristers. Those protections were in place well before 1 August 2008. [22] Mr ZR did not avail himself of those protections, nor did he provide for Mr GK to. He...

9. [2024] NZIACDT 18 – KL v Lawlor (24 May 2024) [pdf, 145 KB]

   ...are no submissions from Mr Lawlor. ASSESSMENT [28] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Invoices 22. A licensed immigration adviser must, each time a fee and/or disbursement is payable, provide the client with an invoice containing a full description of the services the fee relates to and/or disburse...

10. LCRO 123/2019 & 124/2019 MC v QK and QK v MC (3 March 2020) [pdf, 199 KB]

    ...understood by lawyers as to risk approaching the trite in repeating, that fundamental to the lawyer/client relationship, is the obligation of the lawyer to act as a robust guardian of their client’s interests. [38] Consistent with the consumer protection purposes of the Act and a lawyer’s fundamental obligation to protect their client’s interests, r 6 requires that: 4 [i]n acting for a client, a lawyer must, within the bounds of the law and [the rules], protect and promote th...