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1. Family Court applications December 2019 [xlsx, 229 KB]

   ...2018 (60,772 applications). In 2019, the 'guardianship' case type had the largest number of applications (30%; 18,463 applications); these applications relate to the Care of Children Act 2004 (excluding Hague) and are mostly applications for parenting orders. The next most frequent case types in 2019 were related to care or protection under the Oranga Tamariki Act 1989 (17%; 10,606 applications), family violence (14%; 8,817 applications), dissolutions/divorce of marriage or civil unio...

2. Whakatāne District Council - Part Allotment Matatā Parish 6 (2015) 124 Waiariki MB 282 (124 WAR 282) [pdf, 202 KB]

   ...5 Ibid at [47] to [53] 124 Waiariki MB 286 disjoined vinculum over titles on either side of the roadway. Conversely, if it is shown as running over existing titles as per a right of way or has a joined vinculum running through it, then it is not a separate freehold title. Care should be taken in relying on sketch plans as they do not always follow the Court’s minute and are not necessarily approved by a Judge. Care should also be taken in relying on survey...

3. Julia Clements [pdf, 1.1 MB]

   ...will have on the local neighbourhood. I have lived here for 20 years and I am submitting as a concerned resident. We live in a mixed residential zone and it was specifically designed to have one way in and one way out to prevent traffic passing through the subdivision. Kristin’s proposal significantly alters the nature of the subdivision by allowing private school through traffic. This proposal also does not take into account: • the Council’s proposed zone change on the land...

4. LCRO 162/2015 and 66/2016 IA v CMR (31 July 2017) [pdf, 253 KB]

   ...Complaint [34] The complaint proceeded on the basis that Mr IA had taken advantage of Mr and Mrs CMR and (H), by: (a) soliciting work from (H) when (H) was in an emotionally vulnerable state; (b) providing poor advice on strategy then not following through on his own advice; (c) padding his costs and overcharging Mr and Mrs CMR. First complaint process [35] In the course of the complaint process, the parties attended mediation and reached agreement whereby Mr IA agreed to ca...

5. COVID-19 Response (Further Management Measures) Legislation Bill – Ministry of Justice [pdf, 215 KB]

   ...legislation. Whether s 23(5) has been breached will require a court to consider a wide range of factors and circumstances in an individual case. 45. We do not consider that the discretionary ability to exercise powers under the MH(CAT) Act through AVL or remote technology in and of itself engages s 23(5). Use of AVL or remote technology is not a requirement and is case specific. In any event, we consider that those exercising powers under the MH(CAT) Act must exercise th...

6. ND & OD v MF [2024] NZDT 32 (2 February 2024) [pdf, 206 KB]

   ...OD: “It is not up to [PD] to pay us on your behalf. You have lied to me and [ND] and used us to gain money that isn’t yours for the taking.”. MF: “I’m sorry you feel that way [OD], but that’s exactly how I felt too when the separation agreement came through from her lawyer without any communication or explanation.”. (c) There is also an email from MF to PD dated 28 March 2022 which supports the profit-share agreement as it includes “…I’ve decided that I...

7. Hinckley v Macduff LCRO 169 / 2009 (28 January 2010) [pdf, 158 KB]

   ...Committee, being of the view that no special circumstances existed, declined to consider the issue of costs. [3] JH sought a review of that decision. A review was conducted on 21 January 2010 and the parties were heard in person. Ms Macduff was heard through her counsel Mr XX. Background [4] Dissention had arisen between JH and his brothers in respect of the administration of a family trust. The trust had owned the family home of their parents Mr & Mrs Hinckley. [5] Mr &...

8. Family violence reform paper 2: Family violence civil law [pdf, 586 KB]

   ...intervention points. 4. The changes proposed in this paper represent a significant shift in the civil response to family violence. They will drive improvements to the sector, build confidence in the responses to family violence and support behaviour change throughout the justice system. 2 5. In addition to these proposed legislative changes, I have secured funding from the Justice Sector Fund to test two new operational initiatives with a view to determining their efficacy...

9. FV Reform Paper 2 Civil Law [pdf, 558 KB]

   ...intervention points. 4. The changes proposed in this paper represent a significant shift in the civil response to family violence. They will drive improvements to the sector, build confidence in the responses to family violence and support behaviour change throughout the justice system. 2 5. In addition to these proposed legislative changes, I have secured funding from the Justice Sector Fund to test two new operational initiatives with a view to determining their efficacy...

10. 19 June 2020 Updated FC Caseflow Management Practice Note [pdf, 1.4 MB]

    ...taken place since that time. The Care of Children Act 2004 brought about some fundamental changes to the practice of family law, including a change in relation to many expressions. “Custody and access” disappeared and were replaced with “parenting orders” which in turn enabled the Family Court to make orders as to day-to-day care and contact. “Counsel for the child” became “lawyer for the child”. As a result, I have previously undertaken a revision of many of the ex...