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1. Family Court Rewrite Submission - Waitemata Community Law Centre [pdf, 1 MB]

   ...orders, applications for leave. Concerns about delegating without notice applications to SFCRs – these may be better left to Judges. Question 31: What sorts of competencies should Senior Family Court Registrars have? Our submission: Sound judgment and decision-making; cultural competency; comprehensive knowledge of relevant legislation and its practical application; understanding of the dynamics of family violence and intimate partner violence; understanding of the community they...

2. [2018] NZEnvC 180 McKay [pdf, 752 KB]

   ...unreasonable in the sense that no reasonable consent authority, duly appreciating its duties, could have imposed them.22 [55] The short point that can be made in the relatively abstract circumstances of this application is that while it is clear in my judgment that the conversion of a cross leased property to separate freehold titles is a subdivision of land and requires a subdivision consent, the consent authority should generally approach such an application in a way that is mindf...

3. [2020] NZREADT 33 - Wheeler v Real Estate Agents Authority (10 August 2020) [pdf, 306 KB]

   ...was not authorised to provide the report but he was able, and indeed required, to provide a summary of what was in it. [66] We consider that the question of disclosure of what was in the RealSure report was a matter that required some careful judgement on the part of the licensee. As the Authority submissions noted, there may be some problems with the licensee passing to customers reports about properties which other customers have commissioned. [67] The RealSure report summary di...

4. Family violence reform paper 3: Prosecuting family violence [pdf, 537 KB]

   ...Protection orders were introduced in the 1980s, in part to address the perceived limitations of the criminal law. By the 1990s attitudes in the criminal justice system reflected these wider changes. 2 5. In Taueki 1 (the sentencing guideline judgment for serious violence) the Court of Appeal recognised that family violence was a major problem in New Zealand society. The Court stated that assault committed in a domestic context should not be treated any less seriously than other t...

5. Care of Children Applying for a Court Order guide [pdf, 3.9 MB]

   ...court and when the judge will make a final decision. interim order A temporary court order that lasts until a specified date or specific event or until a further or final order is made. jurisdiction The court’s authority to make legal decisions and judgments. 17 Justice of the Peace A judicial officer whose duties may include witnessing the signing of an affidavit. Your affidavit can also be witnessed by a lawyer or a Registrar. lawyer for child A lawyer appointed by the court to r...

6. FV Reform Paper 3 Prosecuting [pdf, 521 KB]

   ...Protection orders were introduced in the 1980s, in part to address the perceived limitations of the criminal law. By the 1990s attitudes in the criminal justice system reflected these wider changes. 2 5. In Taueki 1 (the sentencing guideline judgment for serious violence) the Court of Appeal recognised that family violence was a major problem in New Zealand society. The Court stated that assault committed in a domestic context should not be treated any less seriously than other t...

7. LCRO 25/2024 PG v WA (29 May 2024) [pdf, 204 KB]

   ...view on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [31] More recently, the High Court has described a review by this Office in the following way:2 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determ...

8. Progression of reported sexual assaults through the criminal justice system 2025 [pdf, 375 KB]

   ...in the reporting year. Where multiple victims are involved in a single incident, a sexual assault is counted for each victim. The term ‘victim’ is used in this report for consistency with the definition in the legal system and is not a value judgement on those who have experienced sexual assault. A perpetrator is a person accused of committing the sexual assaults reported to Police. Where multiple perpetrators are involved, analysis is based on the most serious outcome across pe...

9. LCRO 097/2023 RQ and EP v OM (14 February 2024) [pdf, 288 KB]

   LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2024] NZLCRO 009 Ref: LCRO 097/2023 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a decision of the [Area] Standards Committee [X] BETWEEN RQ and EP Applicants AND OM Respondent DECISION The names and identifying details of the parties in this decision have been changed Introduction [1] The appli

10. [2007] NZEmpC AC 51A/07 Maritime Union of NZ and ors v TLNZ Ltd and anor [pdf, 158 KB]

    MUNZ AND ORS V TLNZ LTD AND ANOR AK AC 51A/07 21 December 2007 IN THE EMPLOYMENT COURT AUCKLAND AC 51A/07 ARC 34/07 IN THE MATTER OF proceedings removed from the Employment Relations Authority and for declarations and injunction BETWEEN MARITIME UNION OF NEW ZEALAND INC First Plaintiff AND HENRY NEE NEE AND HENRY TOLEAFOA Second Plaintiffs AND TONY SMART Third Plaintiff AND TLNZ LTD First Defendant AND TLNZ (AUCKLAND) LIMITED Second Defendant