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1. LCRO 45 and 46/2014 PO v RQ and FE [pdf, 273 KB]

   ...conditional agreement. That agreement and the lease had been emailed to [HFE] by [QPD] on 28 August 2009. [50] Mrs FE recalls suggesting to Mr PO’s mother that he should obtain legal advice from a lawyer in [Suburb] (this being where Mr PO’s parents lived). [51] [HFE] and [QPD] exchanged emails in early September in connection with the finance date in the agreement and the lease. In an email to [QPD] dated 2 September 2009, Mrs FE noted that “the lease is being considered b...

2. [2022] NZEmpC 138 Pilgrim v Attorney-General [pdf, 247 KB]

   ...that there are considerations that go both ways. Ultimately an application such as this, which a party is fully entitled to bring, must be dealt with on its merits, applying the relevant legal test to the particular factual context. Having gone through that exercise I do not consider that the grounds for the application have been sufficiently made out, and the application is accordingly declined. My reasons follow. The applicable test – apparent bias [4] Apparent, not actual...

3. LCRO 24/2017 HC v DASH (24 January 2020) [pdf, 216 KB]

   ...New Zealand Law Society Lawyers Complaints Service (NZLS) on 20 April 2016. The substance of his complaint was that: (a) In April 2011 he had instructed Mr HC to act for him and his partner on the purchase of a residential property. (b) His parents had agreed to lend him the funds necessary to complete the purchase. (c) It was intended that the purchase be completed in his and his partner’s name, with the title to record that they were the joint owners. (d) Mr HC erroneously...

4. Family Court statistics in New Zealand in 2006 and 2007 [pdf, 2 MB]

   ...18 2 Statistics for individual case types 23 2.1 Guardianship cases 24 2.1.1 Background 24 2.1.2 Measuring guardianship activity in 2006 and 2007 24 2.1.3 Applications in 2006 and 2007 25 2.1.4 Length of GU applications 27 2.1.5 Outcomes of parenting order applications 29 2.1.6 Characteristics of parties 32 2.1.7 Paternity orders and declarations 37 2.2 Domestic violence cases 38 2.2.1 Background 38 2.2.2 Applications in 2006 and 2007 39 2.2.3 Recent trends 40 2.2.4 Outcomes o...

5. [2018] NZEmpC 22 Kids Republic Playland Ltd v Lowe [pdf, 471 KB]

   ...holiday pay due on the above sums. [90] That being the case, the issue for the Court in respect of those particular breaches is whether it was appropriate to order payment of a penalty for the unchallenged failure to pay the sums. I deal with each separately in light of the criticisms made by the Authority. 29 Borsboom (Labour Inspector) v Preet PVT Ltd [2016] NZEmpC 143, (2016) 10 NZELC 79-072 at [139] – [151]. 30 Lowe...

6. International Covenant on Civil and Political Rights - government reply to issues 5th report [pdf, 458 KB]

   ...Bill of Rights Act but are given effect by other legislation and by common law. For example, the Privacy Act 1993, together with the common law tort of privacy, provides for rights of personal privacy (although these are also in part addressed through the right against unreasonable search and seizure). Similarly, the Children, Young Persons and their Families Act 1989, the Care of Children Act 2004 and other related legislation give effect to the rights of families and children. Th...

7. Legal aid consultation paper: new family legal support - September 2013 [pdf, 457 KB]

   ...people to reach agreement without going to court. Family Dispute Resolution is a core part of the new services. The reforms encourage self or assisted resolution by requiring that applicants to the court (other than without notice) have attended a Parenting through Separation course and attempted to resolve their disputes via Family Dispute Resolution (FDR) prior to court entry. 1 The new legal support service is intended to help clients understand their responsibilities and optio...

8. 2021 December FV Provider Update [pdf, 156 KB]

   ...– the guidance is a living document and will need refining as we work out how best to communicate the various policies and orders. We will restart our communities of practice hui in February and use that as a forum to stay connected and work through how best to respond in this new environment. Looking ahead to 2023: Survey seeking feedback will be live from Dec – Feb 2022 We have been thinking about starting to gather your feedback in preparation for new contracts in 2023. We...

9. [2013] NZEmpC 240 Fox v Hereworth School Trust Board Second Interlocutory [pdf, 212 KB]

   ...[4] Until her dismissal in January 2010, Mrs Fox had been employed at Hereworth School in Hawke’s Bay as a junior school classroom teacher since the beginning of the 2008 school year. In mid-2009 issues arose about Mrs Fox’s reporting to parents about their sons’ grading and progress. These matters escalated and the school’s headmaster engaged a consultant (who was also the Vice-Chairman of the Board) to investigate the issues. After the consultant’s report was issued, t...

10. Mokena v Riwai Morgan Whānau Trust - Estate of Tamati Mokena [2014] Chief Judge's MB 314 (2014 CJ 314) [pdf, 183 KB]

    ...acknowledged by all parties to this application that Kiwa Mokena (Kiwa) was Tamati Mokena’s whāngai son. Kiwa’s biological father, Rore Luke (also known as Rore Ruka), and his mother, Pokipoki Karewa Riwaka (also known as Pukepuke Kerewai Riwaka), separated when Kiwa was 2-3 months old. Pokipoki subsequently entered into a relationship with Tamati Mokena, and is the second wife referred to in Ranginui Mokena’s statement quoted above. Kiwa’s birth certificate shows his name as...