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1. FV Reform Paper 1 Context [pdf, 554 KB]

   ...violence incidents to provide for a five day cooling off period by getting the perpetrator out of the house) to enable Police to direct perpetrators to a risk and needs assessment and thus providing links to other services. I am proposing changes to protection orders so they are easier to apply for (although the legal threshold to obtain them will remain the same). 18. In some ways the criminal law will always be about responding to the hard edge of family violence, that is, serious of...

2. Hahn v Walke [2019] NZIACDT 32 (14 May 2019) Sanctions [pdf, 238 KB]

   ...(29 April 2019), Ms Thompson, on behalf of the Registrar, contends that Ms Walke’s response to the complaint indicates that rehabilitation is an unrealistic prospect and therefore cancellation of her licence is in the public interest for the protection of consumers. It is submitted that Ms Walke currently has little regard for, or knowledge of, her professional obligations. [28] Ms Thompson submits that the appropriate sanctions would therefore be: (1) Caution or censure; (2)...

3. BORA Countering Terrorist Fighters Legislation Bill [pdf, 362 KB]

   ...conclude that these amendments place justified limitations on the rights to freedom of movement, security against unreasonable search and seizure, and justice, which are affirmed by the Bill of Rights Act. The limitations have the important objective of protecting national security, public order, safety and the rights of others. We consider them to be rationally connected with this objective, proportional, and minimally impairing of rights. The Bill 5.The Bill is a response to the con...

4. Proprietors of Mangatawa Papamoa Block - Lot 1 DP SA 86263 (2007) 90 Tauranga MB 25 (90 T 25) [pdf, 3.8 MB]

   ...standard required of the incorporation in entering into a long term lease bears analogy, therefore, to that required of trustees. Maori land trustees have the same duties as other types of trustee to carry out the business of the trust with the same care, diligence and skill as a prudent businessperson. In considering the proposal the Court must balance the principles of retention and development of Maori land, and, at the same time, consider whether the incorporation is undertaking...

5. LCRO 52/2016 and 57/2016 BF v ZL (18 February 2019) [pdf, 203 KB]

   ...not focus on the invoice. His complaint concerned the alleged conflict of interests and the failure by Mr ZL to obtain informed consent from both parties as required by r 6.1.1. of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules).7 The appeal [22] XY appealed the High Court judgment and progress of the investigation was delayed pending issue of the Court of Appeal judgment. The appeal did not seek to have the High Court judgment, uphold...

6. Auckland Standards Committee 2 v Brill [2022] NZLCDT 3 (21 January 2022) [pdf, 557 KB]

   ...of his practising certificate. The New Zealand Law Society (Law Society) alleges that he was not approved to practise on his own account, and that in doing so he recklessly or wilfully breached provisions of the LCA1 or the Conduct and Client Care Rules made under the Act, (the Rules). In particular, s 9 of the LCA provides that it is misconduct for an employed lawyer (as opposed to a lawyer in practice on his or her own account) to provide regulated services to the public other t...

7. LCRO 272/2016 XK v JB (24 June 2019) [pdf, 346 KB]

   ...administering Mr B’s estate [46] As they relate to the issues now raised on review, the Committee identified the following issue for consideration:9 Whether Mr JB has breached [r 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008] in: i. Generally administering the estate of the late [Mr B] in an incompetent manner and in breach of the duty to take reasonable care. 5 Standards Committee determinatio...

8. [2024] NZEnvC 226 Pirirakau Tribal Authority Incorporated v Heritage New Zealand Pouhere Taonga [pdf, 323 KB]

   ...21 June 2022 Pirirākau lodges appeal against decision of HNZPT. The Statutory Framework [12] The purpose of the Heritage New Zealand Pouhere Taonga Act 2014 (HNZPTA), as set out in s 3 of the Act, is: 7 to promote the identification, protection, preservation, and conservation of the historical and cultural heritage of New Zealand. [13] All persons performing functions and exercising powers under the Act must recognise the principles set out in s 4: (a) the principle that...

9. RI v Hart LCRO 158 / 2011 (13 July 2012) [pdf, 160 KB]

   ...Hart to RI recommending civil proceedings against Doctors. First reference to ACC payout. January 2010 – preparation of draft Statement of Claim, claiming compensatory and exemplary damages. Cause of action expressed to be breach of duty of care. 6 April 2010 – Mr Hart advises RI that she needs to instruct lawyer with expertise in civil proceedings. Approaches LR 7 May 2010 – LR advises unable to accept instructions 21 October 2010 – Mr Hart advises a “number...

10. 02.-Evidence-of-Ms-Dianne-Rump-Muaupoko-Tribal-Authority64019775.1.PDF [PDF, 321 KB]

    ...representing Muaūpoko as a Te Tiriti o Waitangi partner and as the holder of Muaūpoko fisheries quota. Separate, and secondary, to that role, MTA is an Ō2NL Project Partner. And finally MTA is a submitter and section 274 party in order to protect our interests through the Resource Management Act 1991 (RMA) process and provide for our rangatiratanga in our own right. 5. As a Project Partner, MTA has worked closely with Waka Kotahi and Ngāti Raukawa ki te Tonga Hapū on the...