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1. LCRO 104/2019 RY v DN (1 May 2020) [pdf, 273 KB]

   ...a lawyer has acted for more than one client in circumstances where there was a more than negligible risk that the lawyer would be unable to discharge the obligations owed to one or more of the clients, is r 6.6 [49] Consistent with the consumer protection purposes of the Act and a lawyers’ fundamental obligation to protect their clients’ interests, r 6 requires that: 7 [i]n acting for a client, a lawyer must, within the bounds of the law and [the rules], protect and promote the...

2. BORA Criminal Justice Reform Bill [pdf, 398 KB]

   ...protection to ensure criminal process rights are not breached in individual cases. 2.5 The power to require offenders to attend medical, psychological or therapeutic programmes can be exercised consistently with the right to refuse medical treatment protected by the BORA, by the courts imposing such orders against the wishes of the offender only in cases when it is justifiable under s 5 of the BORA. 2.6 The various restrictions upon the rights to freedom of association and freedom of...

3. Jackman v CAC 10100 & Anderson [2011] NZREADT 30 [pdf, 93 KB]

   ...Unsatisfactory conduct which attracts professional discipline, even at the lower end of the scale, must be conduct which departs from acceptable professional standards. That departure must be significant enough to attract sanction for the purposes of protecting the public. A finding of ‘unsatisfactory conduct’ is not required in every case, even where error is shown. The question is not whether error was made, but whether the conduct in question was an acceptable discharge of prof...

4. M (C M Trust) v Tower Insurance Ltd [2019] CEIT-2019-0012 [pdf, 213 KB]

   ...party has yet to, or has failed to, fully disclose all documents in its possession or control that are relevant to the claim. The Documents sought [11] The Applicants seek further discovery of specified documents from Tower. They have taken care to particularise those documents they seek. They say that such documents are or may be relevant to issues before the Tribunal because they relate to their claim that Tower wrongly declined their requests to take steps to protect the dwell...

5. Auckland Standards Committee 4 v Holdaway [2023] NZLCDT 8 (6 April 2023) [pdf, 150 KB]

   ...herself at that hearing. [2] When we first came to hear the penalty phase of the matter, we were persuaded by Ms Holdaway’s then counsel to adjourn so “she could file further evidence and assemble a cohesive case”2. Nonetheless, our duty “to protect the interests of the public and thereby maintain public confidence in the provision of legal services”3 caused us to suspend her from practice. We gave a reasoned decision to explain our reasons. It was not done lightly. [...

6. Government to implement UN Committee recommendations

   ...the Committee’s recommendations at its next report due in July 2027. The actions the Government is taking to implement the recommendations include commitments to improve conditions of people in prison and police custody, combat trafficking, review protections for asylum seekers, and progress work as part of the response to the Royal Commission of Inquiry into Abuse in Care. The recommendations and actions to be taken in response have been published on the Human Rights Monitor, New Zealand’s...

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7. Pilot service designed to keep children safe

   ...being exposed to potential conflict,” says Warren. The supervised handover service is being trialled in Whanganui and Rotorua until the end of February 2018. It is a free service that is initially available in cases where the Family Court has imposed protective conditions on a Parenting Order under section 51 or section 48 of the Care of Children Act 2004. The parties may be referred to the service at the discretion of the court. The Ministry has contracted Family Focus Rotorua to deliver the...

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8. Auckland Standards Committee v Comeskey [2010] NZLCDT 19 [pdf, 121 KB]

   ...and Conveyancers Act 2006 (“the Act”) being conduct that occurred between 1 September 2008 and 31 August 2009 when Mr Comeskey was providing regulated services and was conduct that consisted of a wilful or reckless contravention of the Client Care Rules in relation to his instruction to act as assigned counsel for Ms F. (b) Auckland Standards Committee 1 of the New Zealand Law Society charged Mr Comeskey with misconduct pursuant to ss 241(a) and - 3 - 7(1)(a)(i) of the...

9. LA - practice standards for legal aid providers [pdf, 522 KB]

   ...Standards 11 Responsibilities to Clients and the Prosecution 11 Hearings 12 Appeals to Court of Appeal or Supreme Court 12 Family Practice Standards 15 Statement of Principles 15 Responsibilities to Clients 15 Without Notice Applications 16 Care of Children Act 2004 17 Children, Young Persons, and Their Families Act 1989 17 Domestic Violence Act 1995 18 Property (Relationships) Act 1976 18 File Maintenance 19 Māori Land Court/Māori Appellate Court Practice Standards...

10. Legal aid practice standards for all legal aid providers [pdf, 522 KB]

    ...Standards 11 Responsibilities to Clients and the Prosecution 11 Hearings 12 Appeals to Court of Appeal or Supreme Court 12 Family Practice Standards 15 Statement of Principles 15 Responsibilities to Clients 15 Without Notice Applications 16 Care of Children Act 2004 17 Children, Young Persons, and Their Families Act 1989 17 Domestic Violence Act 1995 18 Property (Relationships) Act 1976 18 File Maintenance 19 Māori Land Court/Māori Appellate Court Practice Standards...