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1. NZ Law Commission review of the law of Trusts [pdf, 2.4 MB]

   ...make life easier rather than harder. There are some areas where we have, for good and sufficient reasons, pushed beyond current law and practice. The way we have phrased these recommendations is designed to mitigate any perceived ill effect. We have carefully considered these and have recommended an appropriate lead-in period so that practice can adjust, and, if desired, settlors and trustees can make changes to specific trust deeds. Of course, trustees will need to keep under review their admi...

2. Family Court Rewrite - Summary of submissions - PDF version [pdf, 824 KB]

   ...“forced” into contact with an abusive parent • children who expressed concerns about their own safety, and their views on having contact with an abusive parent, weren’t listened to, (or the child’s views were dismissed as the views of a protective parent) • the perception that the court prioritises shared care arrangements or the child’s relationship with an abusive parent even where there’s evidence of abuse • abusive adults exerting influence over children •...

3. Family Court Rewrite - Summary of submissions - Word version [docx, 3.1 MB]

   ...careful consideration of the long-term safety concerns. Physical violence is comparatively easier to assess. Psychological violence is not. Parent Most people who commented specifically on the removal of sections 59-61 considered it had weakened protections for children by removing an important safety check when an order for care or contact with an abusive or violent party was made. However, a few submissions from the legal profession said the post-2014 process was quicker and therefore...

4. Kaufusi v Tangilanu [2014] NZIACDT 70 (19 June 2014) [pdf, 90 KB]

   ...grounds of complaint: [4.1] The adviser breached the Licensed Immigration Advisers Act 2007 (the Act), in that: [4.1.1] She was negligent (section 44(2)(a) of the Act); [4.1.2] While performing professional services she breached her duties of care, diligence, respect and professionalism under the Licensed Immigration Advisers Code of Conduct 2010 (the Code), (clause 1.1(a)); [4.1.3] Breached her duties in relation to written agreements (clauses 1.5(a), (b), (d) and 8(b) of the Code)...

5. [2021] NZREADT 16 - Davidson (12 April 2021) [pdf, 338 KB]

   ...mental state following his stroke, and his contractual capacity, despite medical evidence of his incapacity; [b] erred in determining that Mr Robb did not breach rr 9.1, 9.2, and 9.8 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), by [i] failing to undertake a proper competency assessment of Mr Davidson, 2 Committee’s decision, at paragraphs 5.1–5.3. 3 At paragraphs 5.4–5.14. 4 At paragraphs 5.15–5.19 and 5.20�€...

6. LCRO 77/2015 EAB v FBC (7 July 2017) [pdf, 94 KB]

   ...pursuant to s 147. The Committee said he was slow to disclose whether he had rendered a final account, and the detail of it. The Committee concluded Mr FBC had contravened rule 9.6 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules) twice, and made two further determinations of unsatisfactory conduct pursuant to s 12(c) of the Act. [16] Pursuant to s 156 of the Act the Committee imposed a fine of $500 and costs of $500, requiring payment...

7. LCRO 76/2013 OP v The Trust (21 July 2017) [pdf, 127 KB]

   ...NZHC 361, [2016] NZAR 475 at [2]. 5 Mr OP acted for Ms LM, and did not act for the Trust, he owed only limited obligations to the Trust and to its lawyer. Those included the obligations imposed by rule 12 of the Lawyers Conduct and Client Care Rules,3 and in particular the requirement that Mr OP conduct his dealings with others with integrity. In the context of the rules, the Trust’s complaint is an attack on Mr OP’s integrity. [27] The Committee considered the Trust was c...

8. LCRO 206/2018 JA v CL (22 July 2020) [pdf, 168 KB]

   ...• That Ms CL in general acted in an aggressive and unprofessional manner. The Standards Committee determination [8] The Committee commenced its consideration of the complaints by noting that “each lawyer is primarily responsible to advise and protect the interests of her own client…”.4 It noted that Ms BS herself had not made any complaints about Ms CL’s conduct. [9] It said: “…the existence of a duty to a non-client is very much an exception” and that, “these p...

9. Lehmann v Accident Compensation Corporation (Claims Process) [2024] NZACC 108 (27 June 2024) [pdf, 212 KB]

   ...relation to Ms Young: • Previous complaint closed with no further update or contact. • Issues with missing files, phone calls. • Concerns with notes being altered on Carole’s claim. • Concerns with ACC’s decision to stop wound nursing care. • Lack of contact and support from ACC Case Manager (to Carole). • Mental injury claim feels correct rate was not paid interest not applied. • Concerns with support/care worker acting unethically concerns with carer “doubl...

10. ET v F Ltd & EN [2024] NZDT 562 (9 August 2024) [pdf, 199 KB]

    ...party I need to consider and evaluate the evidence presented to the Tribunal by the parties. Did EN drive negligently and cause the collision while driving F Ltd’s van? 10. A person may not drive a vehicle, or cause a vehicle to be driven, carelessly or without reasonable consideration for other persons: s8 Land Transport Act 1998. A driver also owes a common law duty of care to other drivers to take reasonable care in operating their vehicle and will be responsible for any re...