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1. Family Court Rewrite Submission - FDR Centre [pdf, 371 KB]

   ...correspondence before the end of this week. A couple of matters were raised/discussed and on reflection I would like to offer some further comment/suggestions for consideration. Rebuttable presumption in favour of FDR as the preferred approach to resolving care and contact disputes We were delighted to see that the panel is considering our submission that there be a ‘rebuttable presumption’ that all disputes relating to care and contact arrangements for children be referred to...

2. Guidelines for Lawyers Drafting Return Applications [pdf, 121 KB]

   ...affidavit of applicable law. Return applications have been unsuccessful because the supporting affidavits have failed to provide evidence on critical issues – often that issue relates to rights of custody. For example: What is the effect of a protection order on an applicant’s rights of custody? What is the status of a parenting agreement? Is a custody order in favour of grandparents sufficient to establish rights of custody? Does an unmarried father have rights of c...

3. 2021 October - Family Violence Provider Update [pdf, 152 KB]

   ...care when making contact by text message and through other messaging platforms as these messages may be accessed and read by others who are not the intended recipient. This is especially important as you may be contacting an applicant before the protection order has been served on the respondent. Safety measures include not mentioning the protection order, or that someone has asked for a safety programme, and not putting the name of your agency in the body of any messages. An examp...

4. TC vs Mr & Mrs SH LCRO 234/2014 [pdf, 233 KB]

   ...to this letter on 18 December. In that letter he set out his advice that his proposals, which differed from the SH’s proposed arrangements, afforded both greater flexibility and asset protection. [34] Mr TC suggested that Mr and Mrs SH should carefully review the work he had done and the advice he had given, before proceeding with “the three existing Trusts”. He noted that he did not consider “that [he had] been mistaken in what we have reported to you”. [35] Mr TC did...

5. AN v TC LCRO 381/2013 (4 August 2015) [pdf, 88 KB]

   ...Disciplinary Tribunal or the Court to become engaged in a consideration of, or take into account subjective consideration of the personal circumstances or knowledge of the particular practitioner. The purpose of the disciplinary procedure is the protection of the public by the maintenance of professional standards. That object could not be met if in every case the Tribunal and the Court was required to take into account subjective considerations relating to the practitioner. [55...

6. Gillies Realty Limited v The Real Estate Agents Authority (CAC 410), Andrews and de Martin [2018] NZREADT 4 [pdf, 307 KB]

   ...uphold his complaint concerning the location of the boundary. [12] Regarding the issue of the brochure, the Committee found that Mr Andrews had breached rr 5.1, 6.2, 6.3, 6.4, and 9.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”). The Committee said:3 The need for accurate information is fundamental to a sound real estate transaction. [Mr Andrews] provided inaccurate information about the dwelling [Mr de Martin] was looking to bu...

7. LCRO 150/2017 UG v WN [pdf, 275 KB]

   ...purchasers of the property from Mr WN, did Ms UG act against a former client, Mr WN, in contravention of the qualified prohibition from doing so? (r 8.7.1) Analysis (1) Relevant professional rules (a) Duty of confidence [27] A lawyer’s duty to protect and hold in strict confidence all information concerning the client, the retainer and the client’s business and affairs acquired in the course of the professional relationship outlives the lawyer-client relationship and extend...

8. Mills v Capital and Coast District Health Board [2019] NZHRRT 47 [PDF, 731 KB]

   ...expectancy of a person with the Grade 4 malignant brain tumour is 14.6 months, from diagnosis. [5] Whereas Mrs Mills had previously sought reduced working hours on account of her own health she was now in the position of having to seek leave to care also for her husband. [6] It is necessary at this point of the narrative to provide further details about Mr Mills. Mr Mills is a self-employed disc jockey and MC. He is also a marriage celebrant. Mr Mills has an active public Fac...

9. Terms of Reference Appendix [pdf, 705 KB]

   ...54.0April September 20187 14 Criteria Assessment for each file reviewed 1 2 3 4 5 Comments Professional obligations g. Lawyers and Conveyancers Act 2006 and obligations under Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 ii. Duty as Officers of the Court iii. Reasonable fees iv. Other obligations Ministry obligations h. Contract i. Obligations met Ministry to follow up i. Practice Standards i. Obligations met...

10. Terms of reference [pdf, 701 KB]

    ...enable a clear understanding of the provider’s performance and refer to specific files where appropriate. Value Assessment Rating Applicable where Comments Exceeds value assessment Yes / No • very effective use of public resources • protection of Ministry interests takes into account the value to the client and the use of resources to achieve the outcome Meets value assessment Yes / No • effective use of public resources • protection of Ministry interests Doe...