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1. LCRO 179/2019 HL v [Area] Standards Committee (30 April 2020) [pdf, 181 KB]

   ...difficulties with satisfying the Judge’s direction. Firstly, he had insufficient time to both source and brief a suitably qualified expert. Secondly, his ability to do so was constrained by the fact that his client did not have the financial resources to cover the costs that would be incurred. [46] It was this conundrum, in my view, that prompted HL to take the steps which regrettably compromised his role as an advocate, and caused him, even if that was not his intention, to c...

2. JK v SY LCRO 271/2013 (9 September 2016) [pdf, 76 KB]

   ...most of the indebtedness had occurred through the use of Visa credit cards. Only Mr [MN] had signed the credit card application and the credit cards had only been used by Mr [MN] and Ms [PQ]. Due to Mr [MN]’s bankruptcy and Ms [PQ’s] lack of resources, Mr [VW] concluded that any judgement relating to the credit card debts may not be satisfied. (i) The settlement of the [BANK]’s claim involved a range of legal and practical considerations. No conclusion can be drawn as to the s...

3. Deputy Registrar - Whenuanui 2B (2020) 222 Taitokerau MB 236 (222 TTK 236) [pdf, 315 KB]

   ...this case whether to grant a stay. What are the grounds relied upon by the Kidds? [32] The Kidds seek a stay on the following grounds: (a) The degree of crossover between the issues in the proceedings mean it would not be an efficient use of resources to consider the issues concurrently; (b) The matter has already been before the Court for about seven years so delay will not be prejudicial to the Māori owners; (c) The Kidds are bona fide in their intention to prosecute the de...

4. Wellington Standards Committee 2 v Harper [2020] NZLCDT 29 (11 September 2020) [pdf, 193 KB]

   ...undermined by the absence of a suspension order in the penalties to be imposed, because of the considerable number of mitigating features in this case and the challenging times for all New Zealanders during the pandemic which impact on access to many resources including legal services. 18 Costs [61] Having regard to all of the above factors, and the delay in bringing the matter to this point, including the serial nature of the complaint process itself, and that a face t...

5. Inaia Tonu Nei - Hui Maori - English version WORD [docx, 69 KB]

   ...education, to understand the effect they have on the development of tamariki, to ensure they do not enter the justice pipeline. These sectors must work together and partner with Justice to reform the justice system. · Rangatahi courts need to be better resourced and their use expanded throughout Aotearoa. · Oranga Tamariki is continuing to fail Māori. Recognition of this ongoing failure and leadership in this space must be central to any justice system reform. · Oranga Tamariki curren...

6. [2018] NZEmpC 132 Nicholson v Ford [pdf, 308 KB]

   ...imposing a penalty against the ‘last man standing’ (namely in circumstances where the company has gone into liquidation) would open the floodgates as Mr Hayes contends. He submitted that such a finding would expose lawyers, accountants, human resources officers, chief executives, and a raft of other people who had had some minor input into a flawed restructuring process, to a potential penalty. [12] The relevant legislative provision places constraints around the exercise of...

7. Auckland Standards Committee 2 v Burcher [2018] NZLCDT 37 [pdf, 276 KB]

   ...on Mr Burcher’s part. [83] That leaves a straightforward breach finding in respect of Rule 11.1. Although this is a serious matter, as conceded by Mr Burcher, we note that he apologised promptly for it and against that has committed enormous resources both in time and personal funds to the salvage of this project on behalf of the firm and the nominee company and out of loyalty to his clients. We do consider that the context can be taken into account in assessing level of culpabi...

8. NZCVS 2018 Topline report [pdf, 746 KB]

   ...29 percent • Wellington - 33 percent • Canterbury - 29 percent. 11 Future reporting This top-line report presents only high-level information that was collected in the NZCVS. We intend to gradually provide other reports and resources on the NZCVS pages of the Ministry of Justice website. We expect to publish a full report in the first quarter of 2019. We are also planning for a series of follow-up reports on specific topics, such as family violence, Māori vict...

9. LCRO 37/2018 AH v OO (12 November 2019) [pdf, 166 KB]

   ...predecessor. Delays/cost escalation [27] Having reviewed Mr OO’s files “the Standards Committee concluded that the key reasons for the time and cost escalation lay primarily with the [[Local]Council] and the conditions it imposed upon the resource consent”.7 [28] The Committee also noted that delays and cost increases arose from the work of surveyors and contractors. In general terms, the Committee concluded that the cause of delays and consequent cost increases arose for...

10. Juror Satisfaction Survey 2019 Results Report [pdf, 998 KB]

    ...apply to me” and “don’t know” interchangeably. This has affected the adjustment process because it cannot be reasonably inferred from the responses whether the respondent did not know about the information because they did not need the resource, or whether they did not know due to technical difficulties or other circumstances. Table 3: Comparison between 2019 unadjusted and adjusted satisfaction rates Question Unadjusted Adjusted 1 90.3% 90.8% 2 79.2% 81.9% 3 72.0% 79...