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1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. 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...

8. 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...

9. Proposed amended Audit Terms of Reference v2 [pdf, 810 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...

10. Proposed amended Audit Terms of Reference [pdf, 809 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...