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1. Deputy Registrar v Moeahu - Lot 1 DP17494 Part Section 2345 New Plymouth (Old Railway Station) (2023) 468 Aotea MB 117 (468 AOT 117) [pdf, 339 KB]

   ...terms of the trust, to act in accordance with the terms of trust, to act honestly and in good faith, to act for the benefit of the beneficiaries and to exercise powers for proper purpose. 8 The default trustee duties include: a general duty of care, to invest prudently, to avoid conflicts of interest, not to profit from role, and to be impartial. 468 Aotea MB 124 (a) carrying out the terms of the trust: (b) the proper administration and management of the business of the trust:...

2. MT v P Ltd [2024] NZDT 740 (29 October 2024) [pdf, 203 KB]

   ...this instance, P Ltd did not even provide that service to MT. It provided the service to a person pretending to be MT. 10. It is appropriate to take a broad and purposive approach to the application of the CGA, which is intended to be consumer protection legislation. Taking that broad approach I accept, for the purpose of this analysis, that P Ltd owed MT (indirectly) a duty of reasonable care and skill. 11. MT’s argument is that P Ltd failed to have appropriate processes / s...

3. Liufau v Letalu [2014] NZIACDT 92 (18 September 2014) [pdf, 174 KB]

   ...was in New Zealand unlawfully and sought Mr Letalu’s assistance to apply for a visa. The complainant paid fees and, after a long delay, the Adviser lodged an application. [2.2] Mr Letalu did not have a written agreement and his conduct lacked due care and diligence. [3] The Tribunal upheld the complaint and found Mr Letalu failed to meet minimum professional standards in that he failed to commence the professional relationship in accordance with clause 1.5 of the Code of Conduct (201...

4. Family-Court-Associates-position-description-and-appointments-information [pdf, 615 KB]

   ...governing legislation and associated Family Law statutes, it is expected that candidates will demonstrate a high level of understanding of the dynamics and impacts of family violence, and related best practice. In accordance with the high volume of Care of Children Act 2004 proceedings in the Family Court, it is also expected that candidates will demonstrate a high level of understanding as it pertains to children’s development and rights. A Family Court Associate will need to be avai...

5. FCA Judicial appointment information booklet [pdf, 615 KB]

   ...governing legislation and associated Family Law statutes, it is expected that candidates will demonstrate a high level of understanding of the dynamics and impacts of family violence, and related best practice. In accordance with the high volume of Care of Children Act 2004 proceedings in the Family Court, it is also expected that candidates will demonstrate a high level of understanding as it pertains to children’s development and rights. A Family Court Associate will need to be avai...

6. Auckland Standards Committee v Khan [2014] NZLCDT 15 [pdf, 149 KB]

   ...and an order subsequently being made that Mr Raheman not be employed by any legal firm in future. [7] Thus it is quite clear that the practitioner was let down by his employee. [8] The Tribunal considers that it is axiomatic that extreme care has to be taken in completing any Solicitor’s Certificate. As Mr McCoubrey submitted, this is in a special category of documents which are reserved to be the province of legal practitioners. Furthermore, lending organisations rely o...

7. LCRO 156/2016 KZ v XL on behalf of [Company A] (18 January 2019) [pdf, 320 KB]

   ...another lawyer, Mr BN, supporting her approach. He described his experience in dealing with leaky building claims, including acting for local authorities such as the Council. [43] Mr BN said that “the proposal to transfer the claim requires careful consideration to ensure that it doesn’t weaken the claimant’s case”. He considered that where limitation issues might arise it is important to obtain “agreement with the defendant’s solicitors prior to the transfer that any...

8. BORA Countering Terrorist Fighters Legislation Bill [pdf, 362 KB]

   ...conclude that these amendments place justified limitations on the rights to freedom of movement, security against unreasonable search and seizure, and justice, which are affirmed by the Bill of Rights Act. The limitations have the important objective of protecting national security, public order, safety and the rights of others. We consider them to be rationally connected with this objective, proportional, and minimally impairing of rights. The Bill 5.The Bill is a response to the con...

9. BORA - Adoption Amendment Bill [pdf, 1.1 MB]

   ...affected by the Bill are adopted children and their parents, where the child has been adopted outside New Zealand (affected group). It may be that children who are foreign nationals and reside overseas do not fall within the scope of the NZBORA’s protections. However, this issue need not be resolved here because, even if this group is protected by the NZBORA, the ultimate conclusion (below) is that any rights-interference is justified. This question does not arise in relation to parent...

10. CS v HT and LM LCRO 25/2013, 50/2013 and 51/2013 (24 June 2014) [pdf, 181 KB]

    ...of investigations by the Complaints Service the Standards Committee resolved to commence an own motion investigation in that it appeared ABC firm had not provided the client information as required by Rules 3.4 and 3.5 of the Conduct and Client Care Rules12 until 2 September 2010. [26] Following receipt of the judgment Mr CS lodged his second complaint. This focused on the conduct of the hearing by Mr HT and Mrs LM and alleged:13 1. HT [sic] has been professionally negligent in th...