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1. LCRO 87/2019 G OR v F HM (10 July 2020) [pdf, 259 KB]

   ...dementia when [Ms KD] saw her in 2016”. She said during the appointment Mrs OR had a lapse from which Mr OR helped [Mrs OR] to recover. She said when reporting that to Dr OR she suggested Dr OR take [Ms KD’s] notes to Mrs OR’s doctor “to protect the validity” of the enduring power of attorney. Complaint [13] Dr OR lodged a complaint with the Lawyers Complaints Service on 9 October 2018. She claimed that Mr HM, by requesting information from Ms KD, had breached his du...

2. Director of Proceedings v Emms [2013] NZHRRT 5 [pdf, 165 KB]

   ...certain condition, although appropriate points may be employed to benefit your specific symptoms. Several sessions may be recommended. Some clients decide to make Shiatsu a regular part of their life because they experience the benefit of the self-care time, in which to switch off and just be. … The benefits of Shiatsu Shiatsu is a safe therapy and helpful for pure relaxation and stress reduction, supporting pregnancy, prevention and maintenance, back pain, RSI, sciatica, headache...

3. District Court (Protection of Judgment Debtors with Disabilities) Amendment Bill [pdf, 70 KB]

   LEGAL ADVICE LPA 01 01 24 2 July 2020 Hon David Parker, Attorney-General Consistency with the New Zealand Bill of Rights Act 1990: District Court (Protection of Judgment Debtors with Disabilities) Amendment Bill 1. We have considered whether the District Court (Protection of Judgment Debtors with Disabilities) Amendment Bill (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). 2. This is a...

4. Smith v Wellington City Council [pdf, 146 KB]

   ...sills appear to have caused a considerable amount of damage. I must accept the opinions of the experts who conclude that the leaks are probably caused by poor workmanship in the manner in which the nibs beneath the door sills are constructed and protected. However, I would 792-989-Smith/Prestwood page 12 of 42

5. OIA-119801.pdf [pdf, 4.9 MB]

   ...un de r th e O ffic ial In for mati on Act 19 82 You don't often get email from joseph.o'hara@justice.govt.nz. Learn why this is important the public have greater powers than Police . · Fifth, Oranga Tamariki provides care to children and young people in multiple settings including residential settings. Staff members working at section 364 Residences are subject to Oranga Tamariki Residential Care Regulations 1996, which provides for the use of force in limited c...

6. He Hīnātore ki te Ao Māori: A glimpse into the Māori world [pdf, 1.1 MB]

   ...within Te Ao Mäori possess mana and tapu to varying degrees. • Tapu acts as a corrective and coherent power within Mäori society. It acted in the same way as a legal system operated with a system of prohibitory controls, effectively acting as a protective device. Everyone was required to protect their own tapu and respect the tapu of others. • Mana was inherited through a direct link to tïpuna and the käwai tïpuna, and can also be acquired by an individual throughout the cour...

7. Steele v Salisbury School (Costs) [2012] NZHRRT 26 [pdf, 61 KB]

   ...a lawyer. Indeed a growing number of litigants are self-represented. This is an inevitable consequence of the Tribunal’s jurisdiction, the nature of the rights it is required to adjudicate upon and the limits to legal aid. The Tribunal must be careful to ensure that human rights protection is not weakened by a punitive costs regime which discourages individuals from bringing proceedings before the Tribunal. [16] The fact that Mr Steele was successful in securing an adjournment at t...

8. Complaints Assessment Committee 409 v Andrew Rankin [2017] NZREADT 78 [pdf, 186 KB]

   ...independent, transparent, and effective.3 [9] These purposes are best met by penalties for misconduct and unsatisfactory conduct being determined bearing in mind the need to maintain a high standard of conduct in the industry, the need for consumer protection, and the maintenance of confidence in the industry, and the need for deterrence. [10] A penalty should be appropriate for the particular nature of the misbehaviour, and the Tribunal should endeavour to maintain consistency in p...

9. LCRO 169/2017 NR v WP (30 October 2018) [pdf, 111 KB]

   ...to the rule lists several examples of conduct that might breach the rule including: …registering a caveat on a title to land knowing that (or failing to inquire whether) there is not a “caveatable interest” on the part of the client to be protected… [16] The authors of Professional Responsibility in New Zealand refer to a comment by the Court of Appeal in Moevao v Department of Labour, a decision about abuse of a court process, for assistance in understanding the purpose of...

10. [2021] NZREADT 16 - Davidson (12 April 2021) [pdf, 338 KB]

    ...general rule should be curtailed by a Rule that is “more specific”. [28] She submitted that on Ms Harkess’s approach, the duty encompassed by r 5.1 is unduly restricted to the extent that it is rendered trivial and undermines the consumer protection purposes of the Act. She submitted that all of the Rules in section 9 of the Rules, under the heading “Client and Customer Care” could be said to be “more specific” than r 5.1, but all of the Rules still apply. [29]...