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1. LCRO 186/2017 and 84/2018 WE v VF (28 May 2019) [pdf, 190 KB]

   ...the Committee that a fine is appropriate and I consider that the sum of $3,500 sufficiently meets the seriousness of this conduct. That sum to be paid to the New Zealand Law Society within 30 days of the date of this decision. [145] I have given careful thought as to whether the censure should remain, and have decided, with some reluctance, to reverse that order. [146] The Committee was clearly concerned about Mr WE’s conduct in (as it found) blatantly acting against former clien...

2. Restorative justice: Practice standards for family violence cases 2019 [pdf, 1.5 MB]

   ...Restorative Justice Standards for Family Violence Cases was released in July 2013. They were released after considerable consultation with, and input from, restorative justice providers and facilitators. In developing the new standards in 2018, careful consideration was given to ensuring they reflected the most up-to-date approaches to risk assessment and safety planning while building on the work carried out to develop the 2013 standards. The standards were published as a living d...

3. Suresh v Elizabeth [2019] NZIACDT 30 (10 May 2019) [pdf, 197 KB]

   ...submit the expression of interest to Immigration New Zealand on or before 28 September 2016 while he was eligible for automatic selection, thereby providing services negligently, or services which were not professional, diligent, and done with due care and in a timely manner, in breach of cl 1. (3) Allowed unlicensed individuals to provide immigration advice in breach of the Act and also in breach of cl 2(e) and 3(c). (4) Failed to have a refund policy, in breach of cl 19(k)....

4. Ward v Maccol Developments Ltd [pdf, 194 KB]

   ...E2 and B2 of the regulations made under the Building Act 1991. [36] The Owners also claim against the First respondent, Maccol in tort. The Owners say at law, Maccol owed them as immediate (and subsequent) purchasers, a non-delegable duty of care as the developer of their property to ensure that proper care and skill was exercised in the construction of the dwellinghouse on the development property. [37] The Owners claim that Maccol breached the duty of care by failing to ex...

5. BORA Secondhand Dealers and Pawnbrokers Bill [pdf, 18 KB]

   ...of Rights Act 1990 Our Ref: ATT114/1197 (1) 1. We have considered the above Bill ("the Bill") for consistency with the New Zealand Bill of Rights Act 1990 ("BORA") and have concluded that the Bill is consistent with the rights protected by that Act. In reaching that conclusion, two issues of prima facie inconsistency arose in respect of the Bill that we wish to draw to your attention. Age restrictions (s 19(1) BORA) 2. First, there were two provisions that raised...

6. BORA Kaikoura (Te Tai ō Marokura) Marine Management Bill [pdf, 277 KB]

   ...conclusion, we have taken into account that: a)The offences are of a regulatory nature designed to better protect the coastal and marine environment in the Kaikoura region. The offences address potential significant harm to natural resources and protected marine wildlife. b)Statutory defences are available to the defendant 4. The defendant is in a better position to satisfy the court that the possession of certain marine and aquatic life in excess of the daily limit was not taken in b...

7. MOJ0561C_Jun21_WEB.pdf [pdf, 305 KB]

   ...you’re listening to your children and respect what they say. • Watch what you say, especially when replying to difficult questions. • Put yourself in your children’s shoes and think about how the separation looks through their eyes. • Protect your children from adult issues. • Have lots of conversations all the time, including about everyday and funny things not just the big, difficult issues. 3. Your children need both parents, so help them keep up their relationship wit...

8. Turner v Itchyfoot Pty Ltd [2021] NZHRRT 27 [pdf, 198 KB]

   ...defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 9 June 2021 DECISION OF TRIBUNAL1 BACKGROUND [1] Mr Turner is a home owner. He had an overseas trip planned in mid-2017 and wanted a house sitter to take care of his house and his dog while he was away. 1 [This decision is to be cited as Turner v Itchyfoot Pty Ltd [2021] NZHRRT 27.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2021] NZHRRT 27 I TE TARAIPIUNARA MANA TANGATA 2 [2] Itchyfoot...

9. Protocol-for-BDMRA-091221.pdf [pdf, 191 KB]

   ...is the current process? The general provisions of the Family Court Rules 2002 (‘the rules”) govern these applications.1 There are no special rules like those in place for other individual pieces of legislation, eg the Adoption Act 1955, the Care of Children Act 2004, and the Protection of Personal and Property Rights Act 1988.2 Therefore, these applications must be brought and dealt with under Parts 1 to 4, and Part 6 of the rules. 1 Rules 5 and 7(1) 2 Rules 6 and 21 2...

10. Legal Complaints Review Officer v Hong [2013] NZLCDT 9 [pdf, 224 KB]

    ...to be poor advice and to save them from unnecessary cost. He considered that it would act to test Mr Deliu’s confidence in continuing the Ma proceedings. Mr Hong said that he likened it to a contingency fee, and that it had the advantage of protecting (as he saw it) Mr and Mrs Ma and testing Mr Deliu. We agree that the proposal was unusual and on its face is unprofessional, but the matter was raised for consideration by the Complaints Service in the context of a complaint/c...