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1. 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...

2. 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...

3. [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

4. 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...

5. 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...

6. 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...

7. [2024] NZIACDT 03 – MT v Murthy (11 January 2024) [pdf, 160 KB]

   ...from Australia. He was subsequently issued with a work visa, having again failed to declare his criminal history. When Immigration New Zealand (Immigration NZ) found out, he was issued with a deportation order. An appeal to the Immigration and Protection Tribunal failed.1 He left New Zealand in 2015. [6] On 1 June 2021, the complainant and the client, together with Ms Murthy, signed the immigration company’s service contract. Ms Murthy agreed to seek a partnership visa, inc...

8. [2021] NZEmpC 71 Bowen v Bank of New Zealand [pdf, 241 KB]

   ...out of her employment through a purported restructuring because she had raised concerns about BNZ. She says that BNZ’s process started after she raised those concerns between March and May 2016. She says that she raised her concerns through a protected disclosure under the Protected Disclosure Act 2000. [4] Ms Bowen’s employment terminated ostensibly for redundancy in July 2018. [5] BNZ says that the redundancy process was fair and genuine and that there was no unjustifiab...

9. 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...

10. 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