Search Results

1. TC vs Mr & Mrs SH LCRO 234/2014 [pdf, 233 KB]

   ...been a regrettable delay in having this decision available to the parties. I apologise to them for that delay. 2 Background [3] Mr and Mrs SH both had previous marriages and had, prior to entering into their marriage, established trusts to protect their individual assets with a view to ensuring that those assets would be protected for the children of those marriages. [4] In Mr SH’s case he had three children and had set up the Trust A. In the case of Mrs SH, she had two chi...

2. Family justice reforms: An initial cohort analysis [pdf, 898 KB]

   ...System. These reforms aimed to give families the opportunity to resolve issues without using formal court proceedings that could exacerbate conflict, be adversarial and costly to families and taxpayers. This report focuses on proceedings under the Care of Children Act (CoCA) which came into force on 1 July 2005 and the reforms that took effect on 31 March 2014. CoCA brought in significant new legislation dealing with the guardianship of children and resolution of disputes about care...

3. LCRO 134/2018 AH v NR (7 April 2019) [pdf, 200 KB]

   ...applied for a review of a decision by the Auckland Standards Committee 3 (the Committee). The Committee determined that by failing to honour an undertaking Mr AH had contravened r 10.3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules (the rules) which constituted unsatisfactory conduct pursuant to ss 12(c) and 12(b) of the Lawyers and Conveyancers Act 2006 (the Act). [2] In August 2017, Mr AH’s client sold a cafe business which occupied leased premise...

4. LCRO 58/2015 YA v MK (29 June 2018) [pdf, 158 KB]

   ...advice was given. Mr MK denied having applied any pressure to Mr YA to sign the agreement. Mr SV challenged Mr MK’s explanations, and drew his attention to his obligations pursuant to the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules) on the basis that witnessing Ms RO’s signature on the agreement could be taken as evidence that Mr MK had acted for her. [13] Mr MK adopted the position that: Witnessing means just that. Certifying a...

5. [2020] NZIACDT 54 - DY v Parker (21 December 2020) [pdf, 282 KB]

   ...it, uphold it but take no further action or uphold it and impose one or more sanctions.6 [44] The sanctions that may be imposed by the Tribunal are set out in the Act.7 The focus of professional disciplinary proceedings is not punishment but the protection of the public.8 [45] It is the civil standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ...

6. [2015] NZEmpC 54 Goel v Director-General for Primary Industries [pdf, 266 KB]

   ...expert evidence of his psychiatric fitness to resume work for MPI. Mr Goel declined to do so. The Authority concluded: 2 … However, the only evidence provided by him showed that he had discharged himself from a public hospital’s mental health care against the hospital’s advice. That documentation also stated that Mr Goel should be taking medication and undergoing psychological treatment, but he had declined to do so, a position he maintains to this day. That is Mr Goel’s...

7. Darling v CAC 20002 & Penrose [2014] NZREADT 46 [pdf, 70 KB]

   ...under this Act; or (c) is incompetent or negligent; or (d) would reasonably be regarded by agents of good standing as being unacceptable.” [9] Rules 6.1, 6.2, 6.4, 9.1, 9.3, 9.6 and 10.2 of the Real Estate Agents (Professional Conduct Client Care) Rules 2009 read: 6.1 An agent must comply with the fiduciary obligations to his or her client arising as an agent. 3 6.2 A licensee must act in good faith and deal fairly with all parties engaged in a transaction. ... 6...

8. FINAL-2021-Research-Memorandum-Witness-Familiarisation.pdf [pdf, 300 KB]

   ...whose cases went to trial were asked to suggest ways to help victims with testifying. The most common suggestions were better explanations of the court process and of what to expect in the courtroom (e.g. preparation for defence tactics) and improved protections or wider 3 Gravitas Research and Strategy Ltd (2018) Improving the Justice Response to Victims of Sexual Violence: Victims’ Experiences, a research report commissioned by the Ministry of Justice. 4 Gravitas (ibid) at 58. 5...

9. [2021] NZREADT 36 - Lindsay-Penalty (13 July 2021) [pdf, 279 KB]

   ...Agents Act 2008 (“the Act”), in relation to his failure to properly supervise a salesperson; and [b] Second charge: under s 73(c) (wilful or reckless contravention of a provision of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), in relation to his failure to report to the Authority his suspicion that a salesperson may have been guilty of misconduct. [2] An agreed summary of facts has been filed and the hearing was for the pur...

10. Regulatory Impact Statement Management of returning offenders to New Zealand [pdf, 287 KB]

    ...this RIS includes reoffending data from offenders deported between 2000 and 2002, INTERPOL data on deported offenders between 2013 and 2015, and statistics on upcoming deportations provided by the Australian Department of Immigration and Border Protection. The designs of some options in this RIS are the result of previous policy decisions. Due to previous policy decisions, the RIS also does not consider alternatives to post-deportation supervision, such as allowing for New Zealander...