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1. Family Court Rewrite Submission - Court Staff Member (2) [pdf, 182 KB]

   ...checklist in the former section 61 of the Care of Children Act 2004 should be part of the safety assessment process, If included, the checklist should be reviewed to make sure it captures all parts of a child's safety. Agreed. who would be responsible for the checklist and how would the VA’s role be used or facilitated? Funding should be made available so that a Judge is able to direct children towards a counsellor, potentially allowing the child to engage in the...

2. LCRO 171/2018 QZ v UJ (19 December 2018) [pdf, 169 KB]

   ...Mr QZ’s client considered that Mr UJ’s conduct demanded 4 SC v JT LCRO 382/2013 (30 June 2017). 8 a disciplinary response and it was her view that the partners of the firm should assume responsibility for instigating the complaint. [34] Mr QZ goes on to say that if the partners refused to comply with his client’s request, then his client would herself initiate a complaint about Mr UJ’s conduct with the NZLS. Again, this...

3. LCRO 164/2019 SM v NL (25 June 2020) [pdf, 150 KB]

   ...basis of Mr NL refunding fees that had been charged to Mr SM; and (d) Mr NL had, in 2019, represented a client who had commenced DVA proceedings against Mr SM; and (e) Mr NL’s decision to act against a former client was cynical. [11] In his response to Mr SM’s complaint, Mr NL submitted that: (a) Mr SM was not his client; and 3 (b) he’d had no involvement with Mr SM since the termination of the retainer around November 2011; and (c) Mr SM had not raised concerns th...

4. Auckland Standards Committee 2 v Lawes [2019] NZLCDT 19 [pdf, 366 KB]

   ...heading ‘Disbursements’ when the disbursements were not payments made on behalf of clients to third parties and failure to disclose this charge in the client care information. Consideration of the Failures (a) [7] The practitioner’s response to failure (a) was that reg 11(1) did not require that a control account (cashbook) be maintained. He said in his affidavit dated 21 December 2018 that he checks his trust account on a daily and often on a number of times during the...

5. [2020] NZEnvC 109 Wellington Regional Council [pdf, 4.4 MB]

   ...resolving issues or referring matters to the Court for hearing. [2] The Council filed a memorandum on 3 July including a calendar of proposed mediations through to the end of 2020. [3] Parties were invited to respond to the Council's proposals. Responses were received from (names/titles abbreviated) : • E Guttke; • NZTA; • Kainga Ora; • Rangitane; • Forest and Bird; • Federated Farmers; • Oil Companies and Powerco; • Wellington Water; • Masterton...

6. [2020] NZEnvC 109 Wellington Regional Council [pdf, 4.4 MB]

   ...resolving issues or referring matters to the Court for hearing. [2] The Council filed a memorandum on 3 July including a calendar of proposed mediations through to the end of 2020. [3] Parties were invited to respond to the Council's proposals. Responses were received from (names/titles abbreviated) : • E Guttke; • NZTA; • Kainga Ora; • Rangitane; • Forest and Bird; • Federated Farmers; • Oil Companies and Powerco; • Wellington Water; • Masterton...

7. Taniora v Crown - Pukemakoiti 2 and 4 (2018) 390 Aotea MB 268 (390 AOT 268) [pdf, 357 KB]

   ...satisfactorily; or (b) because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [19] The general duties of trustees are set out in s 223: 223 General functions of responsible trustees Every person who is appointed as a responsible trustee of a trust constituted under this Part shall be responsible for— (a) carrying out the terms of the trust: (b) the proper administration and management of the bus...

8. [2021] NZREADT 13 - Motupally v The Real Estate Agents Authority, Hayde & Wells (31 March 2021) [pdf, 297 KB]

   ...to the vendor, pursuant to a sublease instead of directly to the owner of the building. The Committee found that the terms of this sublease were negotiated without the input of the second respondents. [23] The Committee found that it was the responsibility of the appellant to check, interpret or evaluate the accounting information provided, using whatever professional assistance they might choose to engage. The appellant did engage a solicitor, at the recommendation of the second...

9. TI(G)M v Hanning [2020] NZIACDT 11 (21 February 2020) Sanctions [pdf, 127 KB]

   ...assess whether the complainant paid more to the new adviser than he could have expected to pay Ms Hanning. His South Island Contribution work visa application may not have been successful even if Ms Hanning had performed properly. She was not responsible for the complainant’s failure to report to Immigration New Zealand that he had ceased employment in 2012/2013. She had in fact adequately explained it in response to Immigration New Zealand’s adverse information letter of 14...

10. [2018] NZSSAA 14 (14 March 2018) [pdf, 130 KB]

    ...relationship of couples who may nevertheless share premises and living expenses. A relationship will not be a relationship in the nature of marriage for the purposes of s 63(b), therefore, unless it exhibits this mutual commitment and assumption of responsibility. In the context of the Social Security Act, this will necessarily include financial support or interdependence or, at least, a mutual understanding about the parties’ financial arrangements of the kind I have suggested....