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1. [2021] NZIACDT 20 – HT v Shaikh (27 August 2021) [pdf, 235 KB]

   ...instructions to the last minute. It was acknowledged though that Mr Shaikh accepted the instructions knowing of the urgency. The complainant’s possible tardiness was not a defence to Mr Shaikh’s obligation under cl 1 to exercise diligence and due care. [28] The complainant also contributed to the problem by sending the document in the wrong format. Another unfortunate error by him was that he emailed the correct document only to a staff member (who had telephoned him earlie...

2. [2022] NZIACDT 18 - TQ v Gibson (25 July 2022) [pdf, 209 KB]

   ...party has sought an oral hearing. ASSESSMENT [35] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. File management 26. A licensed immigration adviser must: … 2 Immigration Advisers Licensing Act 2007, s 45(2) & (3). 3 Section 49(3) & (4). 4 Sparks v Immigration Advisers Complaints and Disciplinar...

3. INZ (Calder) v Ji [2019] NZIACDT 50 (19 July 2019) [pdf, 246 KB]

   ...on the form for the applicant. If the applicant does not have an immigration adviser, and no one helped the applicant to fill in this form, this section does not have to be completed. [9] On 14 March 2016, Immigration New Zealand wrote to Ms T, care of Mr Ji, advising that it was apparent from an initial assessment that she may not meet the character requirements for a visa. In particular, a letter claiming to be written by a New Zealand based company filed in support of her applic...

4. De Wet v North Shore City Council [pdf, 323 KB]

   ...Fourth Respondents 45 10. Liability: Grant Williams – Second Respondent 48 11. Liability: Anthony G Smits – Fifth Respondent 49 12. Liability: P Murphy - Seventh Respondent 52 13. Liability: G Bianca – Tenth Respondent 52 Is there a Duty of Care in this Case? 57 Application of Duty 62 Parapet Tops to Front Gable and Side Elevations 63 Gutter Flashings 64 Glass Penetrations 64 Cladding to Paved Decks and Ground Level 64 Liability Outcome 65 claim-02109.doc 3 14. L...

5. [2018] NZEnvC 214 King v Heritage New Zealand Pouhere Taonga [pdf, 13 MB]

   ...forcibly evicted . They say further that the known archaeological sites on the land indicate that there are potential sites yet unrecorded, together with sacred caves and lava tunnels . They also say it is the statutory duty of HNZPT to preserve and protect this area of archaeological sites and that its decision fails to provide for the historical and cultural value of the sites or for the purpose and principles of the Act or for the relationship of Maori and their culture and traditi...

6. [2023] NZEmpC 232 Ministry of Business, Innovation and Employment v Duan [pdf, 265 KB]

   ...resolves a challenge by the Ministry of Business, Innovation and Employment (MBIE) to a determination of the Employment Relations Authority. The Authority found Ms Duan was entitled to paid parental leave under the Parental Leave and Employment Protection Act 1987 (PLEPA), even though her application to take that leave was for a period commencing more than five months after her baby was born, during which Ms Duan had been working.1 1 Duan v Ministry of Business, Innovation and...

7. Family Court Rewrite Submission FV Death Review Committee [pdf, 316 KB]

   ...Pasifika cultural values. FVDRC is responding to the questions posed in the consultation document, along with further commentary when warranted, using the headings provided. 3. Focus on Children The checklist in the former section 61 of the Care of Children Act 2004 does need to be reviewed before being used as part of a safety assessment process. The FVDRC has identified the following concerns with that list: 1. The checklist is firmly focused on physical violence only. It n...

8. Justice Statistics data tables - notes and trends June 2020 [pdf, 246 KB]

   ...applications In 2019/2020, there were 59,534 substantive applications filed in the Family Court. This decreased 2% from 2018/2019. The largest number of applications were for ‘guardianship’ cases (30%). These applications relate to the Care of Children Act 2004 (excluding Hague) and are mostly applications for parenting orders. The next most frequent case types in 2019/2020 were related to care or protection under the Oranga Tamariki Act 1989 (16%), family violence (15%)...

9. LCRO 23/2018 SB v ES (31 October 2019) [pdf, 129 KB]

   ...outright owner of the family home by virtue of survivorship. (c) Mr ES had failed to follow instructions in 2008, and had replicated a similar error when redrafting the wills in 2010. (d) Mr ES had breached his fiduciary duties and the duty of care owed to Mr and Mrs SB. 3 (e) There had been a reckless failure on the part of Mr ES to provide regulated services to his client, such failure amounting to misconduct as defined in s 7(1)(a) of the Lawyers and Conveyancers Act 2006 (...

10. Have your say on the family justice system [pdf, 1.2 MB]

    ...and sustainment of future generations Life principle enhancing to the heavens Life to the land Life principle enhancing to us all Just as the heart of the flax bush supports and sustains the bellbird, family and whānau provide children with protection, support and a sense of identity. It’s with our most precious taonga in mind – our tamariki – that the Independent Panel carries out its role of reporting on the 2014 changes to New Zealand’s family justice system. In Augu...