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1. Recommendations Recap Issue 26 1 January-31 March 2021 [pdf, 984 KB]

   ...51 Rogers [2021] NZCorC 12 (25 January 2021) ........................................................................ 53 Tornmarck [2021] NZCorC 52 (30 March 2021) ..................................................................... 55 Medical Care ............................................................................................................................ 58 iii Laing [2021] NZCorC 17 (4 February 2021) .............................................................

2. Evidence Brief: Restorative Justice [pdf, 340 KB]

   ...The key questions for those seeking to expand RJ relate to the scale and pace of expansion, and the kind of market settings best suited to delivering RJ at scale while maintaining quality. • Any expansion would also need to take care to avoid pressuring victims to attend, or expanding to cover victims or offenders for whom RJ is inappropriate. EVIDENCE BRIEF SUMMARY Evidence rating: Strong Unit cost: $2,500 average per completed pre-sentence conferenc...

3. Investment brief: Restorative justice [pdf, 294 KB]

   ...The key questions for those seeking to expand RJ relate to the scale and pace of expansion, and the kind of market settings best suited to delivering RJ at scale while maintaining quality.  Any expansion would also need to take care to avoid pressuring victims to attend, or expanding to cover victims or offenders for whom RJ is inappropriate. INVESTMENT CLASS SUMMARY Evidence rating: Strong Unit cost: $2,500 average per completed pre-sentence confere...

4. Baker v Baker - Tarawera 5A (2012) 18 Takitimu MB 262 (18 TKT 262) [pdf, 137 KB]

   ...1993: a) The intention of Parliament is that Te Ture Whenua Māori Act 1993 be interpreted in a manner which best achieves the principles set out in the preamble. The preamble confirms that land is taonga tuku iho and that wāhi tapu should be protected. To find jurisdiction exists to hear arguments at substantive proceedings in this case is consistent with this aim. b) The land in question is General land owned by Māori in accordance with s 4 of Te Ture Whenua Māori Act. Sec...

5. DA v EB LCRO 7/2013 (3 December 2014) - Penalty and Costs [pdf, 62 KB]

   ...August 2014 in which findings of unsatisfactory conduct were made against Ms DA pursuant to s 12(c) of the Lawyers and Conveyancers Act 2006 (the Act) in respect of six breaches of the Act, the Trust Accounts Regulations, and the Conduct and Client Care Rules made under the Act. [2] Ms DA was ordered to cancel her fees to Ms EB, and refund $2,117.24, which she and Ms EB say she has done. [3] Both parties were invited to tender submissions with respect to penalty orders and costs...

6. LCRO 89/2017 FZ v LS [pdf, 229 KB]

   ...on 10 April 2017. 5 [21] The Committee determined that no further action on the complaint was necessary or appropriate. [22] In reaching that decision, which focused on r 2.7 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care Rules) 2008 (the Rules) referring to improper threats, the Committee determined that: (a) Mr LS had not threatened Mr FZ. (b) he had simply advised that his client did not accept Mr FZ’s claims and alerted him to the potential conse...

7. LCRO 88/2022 GX v EJ (2 April 2024) [pdf, 236 KB]

   ...GX’s lawyer considered the variation was invalid. Ms GX’s view is that “EJ acted in a way to appease OM for [Law Firm A]’s mistake, currying favour with him including allowing OM to act as if he was the sole Trustee”.7 ii. Failing to protect my interests as a Trustee, and the interests of the Trust • The Deed of Variation did not protect Ms GX’s interest ‘as a trustee and the interests of the Trust’. iii. Acting incompetently (preparation of the Variation docume...

8. REAA v Ross [2012] NZREADT 4 [pdf, 136 KB]

   ...Act. The particulars of the charge were as follows: “The defendant failed to act in the best interests of a client, namely Machirus Properties Ltd (client), in breach of rule 9.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009, in that: (a) On or around 15 April 2011, $6,164 was paid into the defendant’s personal bank account by Gerard Vaney of IDM Marketing Ltd (Funds); (b) The defendant knew that the funds were paid as a deposit in respect of...

9. Rewita - Opape 5A2B2 (2009) 111 Ōpōtiki MB 71 (111 OPO 71) [pdf, 432 KB]

   ...the house with her family since taking the lease of the whole block in D~cember 1992; 4& She had improved and renovated the house from her own resources, and she had paid the rates and land rentals; " She had demonstrated commitment to caring for the house and the land for 15 years and thus she wished to secure a lifetime interest to enable her to continue living in the house with her disabled son. [ 4] Ms Rewita filed consents from the Advisory Trustees with her applicat...

10. EL v IN Ltd [2022] NZDT 149 (18 August 2022) [pdf, 165 KB]

    ...storage facility, CD and the owner of the moving company who moved EL’s good to his house in [City B]. 25. CD confirms that no one else had access to the storage facility once the items were placed there by IN Ltd. He commented on the lack of protective measures taken by IN Ltd and what he considered a lack of care taken by the operators dealing with EL’s property. 26. SC, owner of DMS, said his company picked up EL’s items on 18 January 2022. He said upon pick up, many item...