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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 Heritage New Zealand Pouhere Taonga Bill [pdf, 418 KB]

   ...potential issues of inconsistency with s 19(1) (right to freedom from discrimination) and s 25(c) (right to be presumed innocent until proved guilty). Our analysis is set out below. Purpose 3. The purpose of the Bill is to promote the identification, protection, preservation and conservation of the historical and cultural heritage of New Zealand. It replaces the Historic Places Act 1993 (the Act), which established the New Zealand Historic Places Trust (Pouhere Taonga) (the Trust) in...

3. 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...

4. Proactive-release-firearms-reform-programme_FINAL-v2.pdf [pdf, 1.9 MB]

   ...responsibility for the Arms Act has been reassigned and work is well underway. We have delivered all your 100-day commitments and are working at pace to support you with your immediate priorities, related to clubs and ranges. 5. Alongside this, we have been carefully planning the approach to delivering all the commitments to reform the broader firearms regulatory regime within the Parliamentary term. 6. We propose progressing this programme of work in four, overlapping phases. The pha...

5. OIA-113748.pdf [pdf, 7 MB]

   ...relationship with the agreed purpose of transforming the justice system. In 2022, the Ministry developed a Budget 2022 bid of $6m to support Ināia Tonu Nei over four years ($1.5m per annum). Backpocket Q&As Does this mean the Government doesn’t care about improving the justice system for Māori? Justice sector agencies, and the Justice Sector Leadership Board, are committed to working with Māori and supporting locally-led solutions to deliver effective interventions that co...

6. 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...

7. 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...

8. 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...

9. RF v CN LCRO 254/2012 (3 November 2016) [pdf, 109 KB]

   ...dealt with. The amounts in dispute in relation to the other three items are relatively small. 7 Auckland Standards Committee No 3 v Castles [2013] NZLCDT 53 at [177]. 13 [61] Considering carefully the invoices rendered from 9 August 2010 to 6 May 2011, I do not consider that the arguments advanced by Mr RF are sufficiently persuasive to allow me to arrive at a view different to the Committee. It is significant that Mr RF execut...

10. 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...