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1. Auckland Standards Committee 1 v Ravelich [2020] NZLCDT 22 (16 July 2020) [pdf, 112 KB]

   ...certain matters which bear on the proper, and least restrictive penalty in relation to the findings of misconduct and unsatisfactory conduct made in the January 2020 decision. Rehabilitation [16] One of the primary purposes of penalty – once protection of the public is assured – is that of rehabilitation of the practitioner. Not only is this a human response by the disciplinary process, but it is also a sensible and practical factor given the years and cost of training of a l...

2. 23 September 2014 Legal Aid News [pdf, 455 KB]

   ...changes to Ministry-funded domestic violence programmes. These changes come into effect on 1 October and focus on the safety of children and vulnerable people affected by violence at home. Other changes extend the maximum sentence for breaching a protection order from two to three years’ imprisonment, and recognise financial or economic abuse as a form of psychological violence. The changes aim to improve the safety of victims and protected people and increase the accountability of re...

3. Baker v Baker - Tarawera 5A (2012) 18 Takitimu MB 262 (18 TKT 262) [pdf, 137 KB]

   ...must be supported by an affidavit or statutory declaration verifying the facts and setting out any circumstances that may require urgent consideration. There is no basis for an injunction because: i. Nigel Baker and his direct antecedents have cared for the urupā and other wāhi tapu sites since the first burial, believed to be around 1902. The sole owner of the land has made all decisions relating to the urupā for over 100 years. The current sole owner believes he and his fami...

4. HB v JD LCRO 311/2013 (17 December 2014) [pdf, 186 KB]

   ...of any regulations or practice rules made under [it] ...”. The conduct must “occur at a time when [the lawyer complained about] is providing regulated services”. [5] The rule HB alleged was breached is rule 10.7 of the Conduct and Client Care Rules1 which requires: A lawyer who, acting in a professional capacity, instructs another lawyer, must pay the other lawyer’s account promptly and in full unless agreement to the contrary is reached, or the fee is promptly disputed thr...

5. BORA Sentencing (Protection of Children Criminal Offending) Amendment Bill [pdf, 288 KB]

   Sentencing (Protection of Children Criminal Offending) Amendment Bill CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: SENTENCING (PROTECTION OF CHILDREN FROM CRIMINAL OFFENDING) AMENDMENT BILL 8 FEBRUARY 2013 1.We have considered whether the Sentencing (Protection of Children from Criminal Offending) Amendment Bill (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). The Bill is a M...

6. Auckland Standards Committee 5 v Low [2018] NZLCDT 7 [pdf, 353 KB]

   ...point in determining penalty is the gravity of the misconduct itself, and the culpability of the practitioner for the particular breach of standards. In this case the maintenance of professional standards is of significant importance along with protection of the public given that the trust account framework is needed to protect the funds of the public. See Daniels v Complaints Committee 2 of the Wellington District Law Society1 and Wellington Standards Committee 2 v Jones.2 [5] T...

7. Surrogacy_FINAL.pdf [pdf, 862 KB]

   ...17:31:51 Section (9)(2)(f)(iv) Section (9)(2)(f)(iv) 2 I N C O N F I D E N C E child, need to adopt the child to become their legal parents. The law also does not recognise international surrogacy; 4.2 there are opportunities to strengthen protections for participants, particularly surrogate-born people’s right to know their origins. The state does not record that a child was born via surrogacy; and 4.3 aspects of law and practice are inaccessible. The law is unclear abou...

8. Advantage Realty Limited v CAC303 & Ors / Gambino & Anor v CAC303 & Anor [2015] NZREADT 83 [pdf, 235 KB]

   ...policy of using the asking price of a property as the provisional valuation, was correct; so that a finding of misconduct should not be made in that respect. However, it found that the agency’s conduct fell short of the requisite standard for the protection of a consumer and amounted to unsatisfactory conduct. Incorrect Provisional Value [14] The Committee agreed with the complainant vendors that standard industry practice is to use the agreed sale price as the provisional value....

9. OIA-114187.pdf [pdf, 6.2 MB]

   ...the New Zealand Bill of Rights Act 1990 (BORA vetting). We vetted more than 70 bills in FY 2022/23. 9.5. Vetting agencies’ proposals to create or amend criminal offences and penalties. 9.6. Responding to Royal Commissions of Inquiry (Abuse in Care and the response to COVID-19) and the Waitangi Tribunal’s Kaupapa Inquiries (constitutional and electoral, and the justice system). 9.7. Advising you on any policy proposals that have implications for New Zealand’s constitutional arra...

10. EL1 Ltd & Anor as Trustees of the Eurolife Trust v Lay [pdf, 290 KB]

    CLAIM NO: 00932 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN E L 1 LIMITED and M & H TRUSTEE SERVICES LIMITED as Trustees of the Eurolife Trust Claimants AND No First or Second Respondents AND STEPHEN BRIAN LAY Third Respondent AND JESSOP TOWNSEND LIMITED Fourth Respondent AND AUCKLAND CITY COUNCIL Fifth Respondent AND ARCHITECTURAL WATERPROOFING LIMITED (in Liquidation) Sixth Respond