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   ...non-violence courses and services. We fund these through community-based provider groups across the country. Family mediation & parenting course providers Family Dispute Resolution providers are mediators who help families settle disputes about the care of their children. Parenting Through Separation courses give separating or separated parents information and support to make good decisions about the care of their children. Practice notes & procedures Practice notes cover many...

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2. ENV-2016-AKL-000187 England Spring Street Residents v Auckland Council [pdf, 12 MB]

   ...are matters of discretion. xi. If one or more of the core development standards are not met, then the normal tests for notification apply. xii. A range of other (some non-residential) activities are provided for, such as visitor accommodation, care centres (including child care centres), supported residential care, boarding houses, dairies, restaurants, community facilities and healthcare facilities. Some are permitted activities where they are small-scale, and some will require a co...

3. IB v QY LCRO 242 / 2010 (10 February 2012) [pdf, 86 KB]

   ...have been affected or influenced by that 3 allegation. It was said that the Practitioner ‘took a position’ in relation to the advice he gave, and that his representation of his clients was, or could have been, affected by concerns to protect the interests of the firm. Standards Committee enquiry [11] The New Zealand Law Society investigated the complaints and its decision sets out the background in some detail which I have considered necessary to restate here. It...

4. [2019] NZEnvC 195 Clevedon North Limited v Auckland Council [pdf, 11 MB]

   ...later. [13] Other aspects of this matter were not clear to us until the hearing started, and those include the fact that through lots 22, 14 and 15 on the Plan marked B there is an area of contiguous green land. On this there are trees that are protected and the area forms something of a central open space at the southern end of the subdivision. This area is privately owned and apparently the Council was not interested in acquiring that 5 area. For current purposes this area wil...

5. Hart v Auckland Standards Committee 1 of the New Zealand Law Society [pdf, 515 KB]

   ...merely proceed on an entirely one-sided basis. The Tribunal’s quasi-inquisitorial role means that we will be actively examining all of the evidence, including some questioning of the witnesses of the Law Society. The Tribunal has a role of protecting the public and the reputation of the profession which requires us to undertake an independent analysis of the entirety of the material before us. We have an expectation that Mr Collins will be aware of his duties to the Tribunal as...

6. Auckland District Law Society v Dorbu [2009] NZLCDT 3 [pdf, 151 KB]

   ...of delay. They had this to say (paragraph 35): “Both the High Court of Australia and the Federal Court concluded that a weighing process, similar to that undertaken in a criminal case, was required, but with accounts also to be taken of the protective nature of the disciplinary jurisdiction. That is disciplinary proceedings are not punitive in nature, but essentially protective of societal interests.” The Court went on to uphold that the application of administrative law p...

7. [2019] NZLVT 003 Walker v Auckland Council [pdf, 2.3 MB]

   ...Council's application [6] The Council seeks an award of costs for $175,000 being approximately 70% of actual costs. The Council submits that the features of this case that justify a greater than usual award of costs are:" (a) after a carefully reasoned first instance hearing by an appropriately qualified commissioner the applicant amended its application materially to take full advantage of the de novo jurisdiction of the court; (b) the applicant sought to challenge the...

8. Otago Standards Committee v Duff [2022] NZLCDT 4 (21 January 2022) [pdf, 103 KB]

   ...[4] In determining proper penalty orders to be made against a practitioner, the Tribunal begins with an assessment of the gravity of the misconduct itself.2 [5] We remind ourselves that the purpose of penalty and disciplinary proceedings is a protective not punitive one. The LCA records in s 3 its purposes which include the maintenance of public confidence in the provision of legal services and the protection of consumers of legal services. Both limbs of the protective purposes e...

9. BORA Ngati Tuwharetoa (Bay of Plenty) Claims Settlement Bill [pdf, 78 KB]

   ...the Bill excludes damages as a remedy in respect of a public law action against the relevant Minister alleging failure to comply with a protocol. This clause affects the substantive law and does not in my view fall within the ambit of s 27(3) which protects procedural rights. Accordingly, clause 23(3) of the Bill is not inconsistent with s 27(3) of the Bill of Rights. Yours faithfully Jane Foster Associate Crown Counsel In addition to the general disclaimer for all documents on th...

10. BORA Ngaa Rauru Kiitahi Claims Settlement Bill [pdf, 79 KB]

    ...Bill excludes damages as a remedy in respect of a public law action against the relevant Minister alleging failure to comply with the protocols. This clause affects the substantive law and does not in my view fall within the ambit of s 27(3) that protects procedural rights. Accordingly, clause 22(3) of the Bill is not inconsistent with s 27(3) of the Bill of Rights. Yours faithfully Jane Foster Associate Crown Counsel In addition to the general disclaimer for all documents on this w...