Search Results

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. 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...

3. 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...

4. F Ltd v DS & KS [2022] NZDT 173 (10 October 2022) [pdf, 181 KB]

   ...responsible to pay the vet bills. Therefore, F Ltd now brings a claim for a refund of the $9,541.55 paid. 3. DS and KS counterclaim $3,099.22 being the cost of additional vet bills. 4. The issues to be decided are: a) Did FQ breach its duty of care by hitting Noah, while on the property of DS and KS? Did the negligence of the painter cause injury to Noah? Did DS and KS have appropriate control of Noah while the painters were at the property? b) Is FQ entitled to a refund of the $9,...

5. 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...

6. 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...

7. 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...

8. [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

9. 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...

10. 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...