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1. LCRO 26/2019 ET v CG (29 January 2021) [pdf, 194 KB]

   ...the comments made by the authors relate to the duty of care to non-clients in negligence. Whilst there is some cross over between the elements necessary to prove negligence on the part of a lawyer to a non-client and a lawyer’s professional responsibilities, it is not appropriate to treat negligence and professional responsibilities as being the same. [40] The factors referred to in [38] above, are drawn from the Burmeister judgment. In that judgment, the Court also said:21 C...

2. Restorative justice: Best practice framework August 2019 [pdf, 1006 KB]

   .................................................................................................................................20 Issues of the Practice Framework Issue 1: August 2017 Issue 2: August 2019 4 WHAT IS RESTORATIVE JUSTICE? Restorative justice is a community-based response to crime that aims to hold offenders to account for their offending and, as far as possible, repair the harm they’ve done to the victim and the community. Participation in restorative...

3. Proactive release - Family violence information sharing guidance [pdf, 1 MB]

   ...8. If the Guidance is approved, I plan to release it in June 2019 to allow the family violence sector to familiarise itself with the Guidance before the Act comes into effect. Background 9. People should have confidence that family violence response systems will keep people safe and enable behaviour change. Enabling the safety and wellbeing of our families and whānau requires collaboration across Government and in all communities. Everyone has a part to play. Together we are strong...

4. LCRO 137/2023 & 138/2023 FK v QT and LM (28 February 2025) [pdf, 173 KB]

   ...complaints to the LCS were (in my words) first, that the respondents had actual knowledge of the wife’s income and assets and were thereby knowing parties to dishonest legal aid applications and claims and secondly, that they misled Legal Aid in their response to its investigation of the applicant’s first two complaints about the wife’s eligibility for legal aid. [10] The applicant says that he was promptly advised by Legal Aid that his complaint to Legal Aid would be deferred pend...

5. LCRO 77/2024 KU v CI (9 April 2025) [pdf, 170 KB]

   ...agreements to be kept to is understood, but if Mrs DU determined that she wished to make changes to her will, and instructed Mr CI to attend to those instructions, he was obliged and required to follow those instructions. [45] It was not Mr CI’s responsibility to act as the gatekeeper or “enforcer” for the agreement previously entered into. [46] If Mrs DU was committed (as she clearly was) to varying her will and Mr CI had refused to assist her, Mrs DU could have simply instru...

6. OIA-121121.pdf [pdf, 3.5 MB]

   ...memoranda, reports, details, internal policies, files, and notes concerning: a. the Climate Change (Restriction on Civil Proceedings) Bill or any previous version or draft of that Bill; b. any other proposed or actual legislative or regulatory response to the litigation of Smith v Fonterra; c. any proposed or actual legislative or regulatory measure to limit or remove civil rights of action, including tort, connected to climate change or greenhouse gas emissions; d. any communicat...

7. Ministry-of-Justice-Annual-Report-2021-22.pdf [pdf, 5 MB]

   ...Policy front, the year included significant work towards the Three Strikes Legislation Repeal Act 2022, Sexual Violence Legislation Act 2021, Conversion Practices Prohibition Legislation Act 2021, Counter-Terrorism Legislation Act 2021, and COVID-19 Response (Courts Safety) Legislation Act 2022. We continue to support the Government’s broader legislative programme through our advice on the human rights and constitutional implications of legislative proposals. Across all our work we a...

8. 2014 Ministry of Justice Annual Report [pdf, 3 MB]

   ...includes the abuse and neglect of children and older people. Family violence was added as a priority area to the Social Sector Forum and a whole- of-government approach to family violence was agreed in 2013/14. We also contributed to the government response to the Expert Advisory Group on Family Violence’s report before it was published in July 2014. By understanding the factors that lead to crime, we are better able to prevent crime and victimisation. The Leading Justice Symposium he...

9. AEM v ZVK [2012] NZDT 316 (1 June 2012) [pdf, 80 KB]

   ...labour costs relating to replacing that earlier supplied system as a credit to the later invoice. The Applicant denies that the system at the time of delivery by him was deficient and claims that he did not install the system and therefore is not responsible for installation deficiencies. Issue [2] The issue is whether the Applicant is entitled to payment in full for the system supplied by it or that a credit should be allowed for the counterclaim of the Respondent. Law...

10. McGregor v Jensen [pdf, 76 KB]

    ...Halliday – labour-only subcontractors The Tribunal found that the only potential area of liability for Messrs Boyd and Halliday related to the joinery installation. Although Messrs Boyd and Halliday were contracted on a labour-only basis and had no responsibility for the supervision of other workers, the Tribunal found that they both owed the claimants a duty of care due to the following: Messrs Boyd and Halliday’s both had completed formal training and have been building for 3 to...