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1. Proactive-release-20240715-CAB-Regulatory-Systems-Justice-Amendment-Bill_Final.pdf [pdf, 9.6 MB]

   ...for low-risk trusts. This amendment will provide relief for reporting entities and apply a more risk-based approach to customer due diligence requirements as they relate to trusts to reflect New Zealand’s unique trust environment. 5.4 Amend the Care of Children Act 2004 and the Protection of Personal and Property Rights Act 1988 to allow Family Court Associates to make orders by consent in Care of Children Act proceedings and decide uncontested applications to appoint property manager...

2. [2024] NZEnvC 237 Mangawhai Matters Incorporated v Kaipara District Council [pdf, 1.6 MB]

   Mangawhai Matters Incorporated v Kaipara District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 237 IN THE MATTER OF an appeal under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN MANGAWHAI MATTERS INCORPORATED (ENV-2024-AKL-187) Appellant AND KAIPARA DISTRICT COUNCIL Respondent AND THE RISE LIMITED Applicant Court: Environment Judge J A Smith sitting al

3. Berry v Rondel LCRO 130 / 2011 (2 February 2012) [pdf, 170 KB]

   ...gave rise to a conflict of interest whereby Mr Rondel should have declined to act for Ms Berry 2) Mr Rondel did not obtain Ms Berry’s informed consent in terms of Rule 6.1.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 3) Mr Rondel did not provide Ms Berry with the information required to be provided by him pursuant to Rules 3.4 and 3.5. 4) Mr Rondel did not advise Ms Berry as to the terms of the Agreements or seek her instructions to var...

4. Strengthening the family justice system - Word version [docx, 1.2 MB]

   ...told us of the challenges they deal with daily. The Children’s Issues Centre at Otago University shared with us its initial findings from the major research project it is undertaking, following the 2014 reforms, on how parents make arrangements for care of children post-separation. We will be receiving a further update from them to help our final report. We are grateful for their input. We have published this paper so people can comment on the issues discussed and the changes suggested, befor...

5. Strengthening the family justice system - PDF version [pdf, 2 MB]

   ...us of the challenges they deal with daily. The Children’s Issues Centre at Otago University shared with us its initial findings from the major research project it is undertaking, following the 2014 reforms, on how parents make arrangements for care of children post-separation. We will be receiving a further update from them to help our final report. We are grateful for their input. We have published this paper so people can comment on the issues discussed and the changes suggested...

6. Family Court Lay Advocates

   What a Family Court Lay Advocate does Lay Advocates appear in the Family Court in support of a child or young person who is the subject of care and protection proceedings under the Oranga Tamariki Act 1989. As a statutory appointment, Lay Advocates are not employed by, or contracted to, the Ministry of Justice or the Court. Lay Advocates are independent service providers and are not covered by the Employment Relations Act 2000. Appointment of Family Court Lay Advocates From time to time, a...

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7. 2024-NZEnvC-047-Waste-Management-NZ-Limited-v-Hauraki-District-Council.pdf [pdf, 1.6 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 047 IN THE MATTER the Resource Management Act 1991 AND of an appeal under section 120 of the Act BETWEEN WASTE MANAGEMENT NZ LIMITED (ENV-2021-AKL-000137) Appellant AND HAURAKI DISTRICT COUNCIL WAIKATO REGIONAL COUNCIL Respondents AND MARK OFSOSKE TE KUPENGA O NGĀTI HAKO Section 274 Parties Court: Environment Judge D A

8. LCRO 158/2019 RL v BN, TG and VK (1 April 2021) [pdf, 604 KB]

   ...At hearing, Ms RL argued that she had been severely traumatised by her experience in working with the [Co 2] franchise and was vulnerable and not well placed to cope with the litigation. She considered that her lawyers had failed to adequately protect her and guide her through the litigation with careful and considered advice. Against this, it is argued for the lawyers that they had been successful in achieving what Ms RL had set out to achieve, namely to delay [Co 2]’s claim unti...

9. IO v SJ LCRO 84 / 2010 (1 February 2012) [pdf, 113 KB]

   ...funds to the Practitioner’s mismanagement of trust property. [23] There are clear rules surrounding conflict which lawyers are bound to observe in their professional practice (broadly stated in Chapter 6 of the Rules of Conduct and Client Care), and lawyers must avoid acting in situations involving a conflict of interest. A conflict may arise in a number of different situations and circumstances, including where the interests of the Practitioner may conflict with those of the cl...

10. Auckland Standards Committee 4 v O'Boyle [2021] NZLCDT 27 (29 October 2021) [pdf, 170 KB]

    ...interest (which include “protection of the public”), to maintain professional standards, to impose sanctions on a practitioner for breach of his/her duties, and to provide scope for rehabilitation in appropriate cases. Tribunals are required to carefully consider alternatives to striking off a practitioner. If the purposes of imposing disciplinary sanctions can be achieved short of striking off then it is the lesser alternative that should be adopted as the proportionate response. Tha...