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1. SN v J Ltd & T Ltd [2023] NZDT 606 (15 November 2023) [pdf, 231 KB]

   ...b) Was there a misrepresentation made by J Ltd which induced SN into enter into the contract for the purchase of [vehicle]? c) Was there a contract between SN and T Ltd, and if so did T Ltd breach that contract? d) Did T Ltd owe SN a duty of care when providing the Warrant of Fitness for [vehicle] and if so, did T Ltd breach that duty of care and cause SN loss? e) Is J Ltd and/or T Ltd liable to pay SN all or any part of the amount claimed of $4,740.37? Does the Consumer Guaran...

2. IJ v K U Ltd [2020] NZDT 1549 (10 December 2020) [pdf, 202 KB]

   ...a substantial character? c. Are the costs claimed reasonable? Was K & U Ltd’s work completed with reasonable skill and care and fit for purpose? 4. The relevant law is the Consumer Guarantees Act 1993. The Act provides a number of protections for consumers. Section 28 of the Act requires that where services are supplied the service will be carried out with reasonable care and skill. Section 29 of the Act states that when services are supplied to a consumer there is a guaran...

3. SG & LN v M Ltd [2023] NZDT 715 (12 December 2023) [pdf, 220 KB]

   ...if any compensation is awarded, M Ltd should at least be able to retain its significant production costs. 4. The issues to be resolved are: a. What was agreed about the design of the headstone? b. Has M Ltd provided services with reasonable care and skill? and c. If not, are SG and LN entitled to compensation of $15,000.00 as claimed, or to any other sum? CI0301_CIV_DCDT_Order Page 2 of 5 What was agreed about the design of the Headstone? 5. Under contract law, a l...

4. Family Court Rewrite Submission - OCC [pdf, 591 KB]

   ...children. At such stressful times it can be difficult for adults to see past their own grief and stress to maximise children’s best interests. Access to free counselling to support families through the FDR and Family Court processes will help to protect the emotional wellbeing of both adults and children, ensure children’s needs are prioritised, and ensure the care arrangements arrived at are sustainable in the long term. 40. For the same reasons, we consider that children should...

5. Adoption in Aotearoa New Zealand: Summary document - Easy Read [docx, 11 MB]

   ...they do not have the: · physical ability to care for a child or · mental ability to care for a child. Physical ability is about things like being able to move or carry a child. Mental ability is about things like: · what you understand about caring for a child · remembering to do things when caring for a child. [image: ]Some people say: · [image: ]this rule does not see that disabled parents can be good parents · that there needs to be changes to the dispensing with consent...

6. Justice Matters - issue 17 - December 2019 [pdf, 5 MB]

   ...when I look at what is happening across the justice sector, there is much that tells me we are up for the challenge. Corrections is showing the way with Hōkai Rangi, Police with Te Huringa o Te Tai and Oranga Tamariki with the launch of National Care Standards and the cross-Government work on the Child and Youth Wellbeing Strategy. In Justice, we have rolled out Family Violence legislation, are supporting the judiciary with Matariki and Rangatahi courts and are delighted with the ann...

7. VU v AP LCRO 277/2011 (5 June 2013) [pdf, 50 KB]

   ...the matter had not been looked at. His complaint was that Mr AP had acted on behalf of himself and his wife without their authority or knowledge, and there was also the concern that Mr AP had breached Rule 11.1 of the Rules of Conduct and Client Care.1 [7] Rule 11 deals with proper professional practice. Rule 11.1 states that a lawyer must not engage in conduct that is misleading or deceptive or likely to mislead or deceive anyone on any aspect of the lawyer’s practice. [8...

8. Lomu v Tangilanu [2014] NZIACDT 42 (31 March 2014) [pdf, 73 KB]

   ...immigration services. [5] The statement of complaint identifies the potential grounds for upholding the complaint, with particulars. The key elements and particulars being: [5.1] A breach of clause 1.1 of the Code of Conduct – obligations relating to care diligence and respect. The particulars are: [5.1.1] The Adviser had instructions to apply for a visa on 4 January 2011, but did not lodge the application. [5.1.2] When her licence expired on 23 September 2011, she had not lodged t...

9. 30-June-Legal-Aid-News.pdf [pdf, 596 KB]

   ...fee schedules between 21 November to 19 December 2015. New fees have been added to the Children & Young Persons fixed fee schedule to accommodate:  a new type of guardianship order (special guardianship) for children leaving state funded care  a new care and protection ground for where the child's parent has previously had a child or young person removed due to abuse or neglect (Subsequent Children)  a new ability for the Chief Executive of the Ministry of Social D...

10. 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...