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1. RB v CG LCRO 117/2013 (30 June 2014) [pdf, 56 KB]

   ...Respondent The names and identifying details of the parties have been changed in this decision DECISION Background [1] Ms CG was instructed as counsel for Ms RB in 2007. Ms RB had separated from her husband, and instructed Ms CG to apply for a Protection Order on an urgent basis. Ms RB also instructed Ms CG to apply to the Family Court for orders governing the day-to-day care of her [child], and to resolve the division of relationship property between her and her former hus...

2. Factsheet Family and Whanau Violence Legislation Bill [pdf, 193 KB]

   ...important consideration for Police and courts when making decisions about bail for a defendant charged with a family violence offence. Police and court staff are empowered to impose any bail condition they consider reasonably necessary in order to protect the victim and family. http://justice.govt.nz/ justice.govt.nz Sentencing RECOGNISE AT SENTENCING THE HARM CAUSED BY FAMILY VIOLENCE In order to recognise the severity of family violence there have been changes to the Senten...

3. Statement of consent to appointment as welfare guardian - PPPR16 [pdf, 37 KB]

   r 410(1) Form PPPR 16 Statement of consent to appointment as welfare guardian Section 12(5)(d), Protection of Personal and Property Rights Act 1988 at ……………………………… [place] ……………………………………………………………………………………….. [full name] ……………………………………………………………………………………….. [address] ……………………...

4. Respondent TPO Information Pack [pdf, 548 KB]

   Temporary Protection Order: What does this mean for you Hello Respondent • • • • You have received a Temporary Protection Order. This Order lists what you cannot do and things you must do. You should read the other documents as there may be other rules not included here. You need to know what this Order means for you. You might feel angry but even if you don’t agree with what has been said you need to follow these rules. Breaking these rules is a crime. You can be arres...

5. EQ & EQQ v UJ Ltd & UJU [2016] NZDT 955 (17 August 2016) [pdf, 87 KB]

   ...to recover the cost of remedial paint work from UJ Ltd or UJU. Are Mr EQ and Mrs EQQ entitled to recover the cost of repainting their house? [3] In a negligence claim, four elements must be proven. These are: (i) the existence of a duty of care; (ii) breach of that duty; (iii) causation; and (iv) monetary loss. A duty of care arises when parties are in close proximity to each other and it is reasonably foreseeable that if a standard of reasonable care while doing something is not...

6. BORA Crimes Amendment Bill [pdf, 361 KB]

   ...definition of child in the United Nations Convention on the Rights of the Child as being a person under the age of 18. [8] 7. Likewise it is also legitimate to use age 18 as a proxy for when persons are able to take responsibility for their own care and to assume some responsibility for protecting children and vulnerable others from harm from others, so as to be liable for prosecution for the offence of failure to protect. 8. Even if the differential treatment did impose a discriminat...

7. Reid v ACC [2015] NZACA 11 [pdf, 65 KB]

   ...Following discharge from a prolonged period in hospital and a rehabilitation centre, Mr Reid received considerable unpaid assistance initially from his then partner and subsequently from his now elderly mother for household tasks and limited personal care (the latter known under the scheme as attendant care). After his partner left him, he had to move in with his parents as he could not completely look after himself. [3] A late claim for retrospective attendant care was made but was d...

8. [2021] NZEmpC 124 National Union of Public Employees Inc v Chief Executive of Oranga Tamariki - Ministry for Children [pdf, 117 KB]

   ...[6] The last matter is the issue of non-publication. As I have just indicated the Court has power to order non-publication. In an affidavit of Janice Gemmell supporting NUPE’s application one young person was named who is the subject of a care and protection order made under the Oranga Tamariki Act 1989. It is also possible that other young people who are also the subjects of care and protection orders might be able to be identified from the application and/or supporting affidav...

9. Application for review of attorney’s decision - PPPR25 [pdf, 18 KB]

   r 406 Form PPPR 25 Application for review of attorney’s decision Section 103, Protection of Personal and Property Rights Act 1988 In the Family Court FAM No: ……………… at ……………………………… [place] ……………………………………………………………………………………….. [full name] ………………………………………�...

10. Chittock v ACC [2014] NZACA 4 [pdf, 157 KB]

    ...Nor does refusing to produce documentation when directed to do so by the Authority generally assist in the presentation of one’s case. The Issues [4] The issues that I have to determine are: [a] Was the 1998 payment for backdated attendant care under s 80 of the 1982 Act for the period from 14 April 1984 to 11 September 1995 made under s 80(1) as ACC contends, or s 80(3) as Mr Wakefield contends? [b] Can the 1998 payment be reliably taken to indicate that ACC was satisfied t...