Search Results

1. Strengthening the Criminal Justice System for Victims: Workshop playback report [pdf, 1.6 MB]

   ...hou rongo – to make peace with what has happened to them. It will enable victims to make choices about their pathways, including whether they choose a legal response or not. It will encourage dialogic processes, and will provide trauma-informed care and decision-makers.” “There are significant difference in philosophy and practice at every stage between Māori and Pākehā justice. Whereas the cornerstone of modern Pākehā justice is arguably backwards-looking, retributive justic...

2. [2021] NZREADT 55 – Lammas v Real Estate Agents Authority (6 December 2021) [pdf, 340 KB]

   ...Complaints Assessment Committee (CAC 1901) (the Committee) found Ms and Mr Freear both to have breached s 127(1) of the Real Estate Agents Act 2008 (the Act) and rr 5.1, 5.2 and 9.11 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the rules). They had failed to provide the REAA’s guide when the agency agreement was signed and had failed to provide a list of the prospective purchasers when their agency ended. This amounted to unsatisfactory conduct....

3. LCRO 43/2016 XZ v QW [pdf, 209 KB]

   ...identified the complaints to be addressed as: (a) Did Ms QW exceed an initial fee estimate without advising Ms XZ and, if so, did she breach her professional obligations under r 9.4 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) or under any other rule or enactment? (b) Did Ms QW overcharge, that is did she charge fees which were not fair and reasonable in the circumstances and, if so, did she breach her professional obligations under r 9...

4. LCRO 122/2018 ZQ v VX (30 October 2018) [pdf, 274 KB]

   ...hearing, Mr ZQ emphasised that whilst he had a number of concerns about the representation he had received from Mr ZQ, his major concerns were that: (a) Mr VX had failed to ensure that the agreement contained adequate enforcement provisions to protect Mr ZQ in the event of default by his father. Allied to this, was concern that the agreement failed to include provision for interest to be paid on the instalment payments that were to be made to Mr ZQ over a period of years; and (b)...

5. Practice Note: Lawyer for the Child - Selection [pdf, 180 KB]

   ...Note  replaces  all  previous  Practice  Notes  pertaining  to  the  selection,  appointment and payment of lawyer for the child.     4   TERMS AND DEFINITIONS   4.1   In this Practice Note:   (a)   COCA means the Care of Children Act 2004;  (b)  CYPTFA means the Children, Young Persons and Their Families Act 1989;  (c)   FCA means the Family Courts Act 1980  (d)   The term 'child' includes child as defined...

6. Family Legal Advice Service operational policy version 1.4 [pdf, 479 KB]

   Family Legal Advice Service Operational Policy for providing early legal advice for disputes under the Care of Children Act 2004 Family Legal Advice Service Operational Policy v1.4 August 2016 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in re...

7. Body Corporate 199883 & Ors (Ridgeview Apartments) v Clarke [2010] NZWHT Auckland 22 [pdf, 216 KB]

   ...accepts that CFA was a developer but denies that he is in any way personally responsible to the claimants. The principal issue is whether Mr Clarke was a co-developer of the apartment complex and liable to the claimants for breaches of duties of care to ensure the construction of a weathertight building. The answer to this issue depends on identifying the actual role performed by Mr Clarke in the development and interpreting and assessing the relevance of the documentation refer...

8. Offord v Patel [pdf, 90 KB]

   ...course of activities on behalf of the company come under a personal duty to a third party, breach of which might entail personal liability. The test as to whether liability had been incurred was whether there had been an assumption of a duty of care, actual or imputed. Liability depended on the facts, on the degree of implicit assumption of personal responsibility and balancing of policy considerations. (page 517). [34] Recently however, the Court of Appeal in Body Corporate...

9. Adoption Action Inc v Attorney-General [2016] NZHRRT 9 [pdf, 371 KB]

   ...family law – neglected, at times underfunded, but of vital importance in the larger scheme of things. [6] Since the 2000 Law Commission report the pace of social change has only increased as reflected in, for example, the Civil Union Act 2004, the Care of Children Act 2004 6 (COCA) and the Marriage (Definition of Marriage) Amendment Act 2013 (MDMA Act). While several amendments have been made to the Adoption Act since its enactment, those changes have been piecemeal, without a...

10. Gray v Tulip Holdings Ltd [pdf, 176 KB]

    ...18 LIABILITY FOR LOSS CAUSED BY THE CLAIMANTS’ DWELLING BEING A LEAKY BUILDING 21 The liability of the First respondent, THL, in contract 21 The liability of the Fifth respondent, Brown Day, in tort 25 • The standard of care 27 • Evidence of the standard 27 • The standard of plans and specifications generally 29 • The standard of the plans and specifications of Brown Day 35 CLAIM NO.00499 – GRAY DETERMINATION.doc 3 •...