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1. 2021 archive

    On this page: Legal aid invoices submitted with a missing date range Opportunity to provide feedback on the Ministry's Care of Children resources Notification of Unavailability Implementing the COVID-19 Protection Framework in the courts and tribunals Survey for PDLA lawyers to provide feedback on nationwide holiday period roster COVID-19 Protection Framework traffic light system - Update 24/01/2022 Phone scam targeting lawyers Wellington Legal Aid office closed Monday 24 January 2022 COV...

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2. Nelson Standards Committee v Grey [2023] NZLCDT 33 (4 August 2023) [pdf, 271 KB]

   ...Standards Committee that some comments may have been hurtful to bereaved families during the early stages of their loss. It is alleged that some of these comments go beyond the boundaries of “public debate, political expression or opposition, and protected free speech in a lawyer”12. The Standards Committee allege they are damaging to the reputation and standing of the legal 12 See Charge document, Appendix A. 8 profession, in breach of Ms Grey’s obligation to...

3. Recommendations recap - issue 3 [pdf, 1.2 MB]

   ...prevent such deaths occurring in the future. In order to publicise these lessons, the findings and recommendations of most cases are open to the public. 4 Table of contents 1 Recommendations 1 Adverse effects or reactions to medical or surgical care 5 Aviation accident 8 Care facilities 9 Deaths in custody 12 Diving, scuba diving, snorkelling 14 Drug, alcohol or substance related 15 Fall 15 Homicide or interpersonal violence 15 Labour or pregnancy related 19 Mental health issues...

4. [2021] NZREADT 27 Harvey v Lowe (10 June 2021) [pdf, 388 KB]

   ...behalf of the non-signing owner. It found that by failing to have all three registered owners sign the two agreements, or to verify with Mr Smith that the Lowes had authority to act for him, Mr Harvey was in breach of his duty to act with skill, care, competence, and diligence under r 5.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules), his duty to comply with his fiduciary obligations to the Lowes under r 6.1, and his duty not to mark...

5. Surrogacy_FINAL.pdf [pdf, 862 KB]

   ...Te Kōpū Whāngai: He Arotake Review of Surrogacy Cabinet minute CAB-23-MIN-0164.01 Cabinet Office Meeting date: 8 May 2023 Some information has been withheld in accordance with the following sections of the OIA: • section 9(2)(f)(iv) to protect the confidentiality of advice tendered by Ministers of the Crown and officials, and • section 9(2)(h) to maintain legal professional privilege. 2 A new surrogacy system: Response to the Law Commission’s report: Te Kōpū Whāngai:...

6. SW on behalf of COMPANY 1 v RG, OL and HJ LCRO 130/2014 (3 November 2016) [pdf, 105 KB]

   ...Committee’s decision to take no further action on this aspect of the complaint. In reaching that view, I have given careful consideration to the purposes and objectives of the disciplinary complaint process, and in particular, its focus on consumer protection.13 [98] A careful examination of the purpose and intent of Rules 5.11 and 5.12 is required. [99] Consistent with the consumer objectives of the Act, the relevant Rules endeavour to provide protection to the consumer of legal...

7. CAC10070 v Adams [2012] NZREADT 5 [pdf, 177 KB]

   ...Act”) and also, in the alternative, with misconduct under s.73(c)(iii) of that Act “in that her conduct consists of wilful or reckless contraventions of rules 6.2, 6.4, 9.1 and 9.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009”. [2] In the course of the hearing, the defendant entered a guilty plea to the alternative charge; and Mr Stanaway offered no evidence to the first charge (referred to above) which was, therefore, dismissed by us for non-pro...

8. Wakelin and Anor as Trustees for the Get In & Walk Trust v Taupo Texture Coatings Limited [2011] NZWHT Auckland 43 [pdf, 206 KB]

   ...decks and use under ceramic thin-set tiles. The anti- fracture aspect is said to reduce the likelihood of cracking due to building movement. [17] The AFM membrane is self-adhesive on the underside with a ―peel and stick‖ release film protecting the adhesive surface. The film is removed during installation. [18] The product is normally installed by trained and experienced applicators. The specifications require movement control joints in the substrate which must b...

9. [2021] NZEnvC 189 Bridesdale Farm Developments Ltd v Queenstown Lakes District Council [pdf, 3.6 MB]

   ...QLDC's planning witness, Mr Langman. However, counsel's closing submissions sought further changes to this modified relief. [19] One set of changes was proposed in response to concerns raised by Mr Langman that the LDSR zone is not designed to protect ONF /L landscape values (by contrast to the Rural zone). On that matter, BFDL's planning witness, Mr Jeffrey Brown, responded by proposing: 12 II 12 (a) a new Pol 7.2.1.7 as follows: Ensure that development and associated...

10. International Covenant on Civil and Political Rights - summary record 3rd report (continued) [pdf, 40 KB]

    ...three-year work programme had been devised with specific goals for each phase of the Maori life-cycle: strengthening Maori family structures, improving their individual and collective well-being, enabling them to purchase and provide their own health-care services and promoting health care. There were also policy guidelines against child abuse. It was too early to tell how effective the services had been, but in setting them up the Government had consulted widely with the Maori themselves. 21....