Search Results

1. Evaluation of Family Mediation pilot [pdf, 205 KB]

   ...between the mediator, parties, lawyer for child, children (by agreement), third parties (also by agreement), followed by a report to the court. Family mediation tried to assist parties to develop their own solutions in relation to their children’s care; to resolve disputes faster; and to provide for the participation of children in the decision-making process. This study was undertaken to enable the Ministry of Justice to identify any implementation issues, assess the costs of the pilot, an...

2. Smith v Waitakere City Council [pdf, 220 KB]

   ...penetrate that element to the extent disclosed in any particular case) for the dwelling to be defined as a “leaky building” and for a resulting claim to meet the eligibility criterion under section 7(2)(b). For example, a coat of paint or a protective coating of some description, or a particular cladding material may in some cases be the outermost building element into which, or through which, water has passed, thus qualifying the dwellinghouse concerned as a dwellinghouse in...

3. INZ (Foley) v Rodriguez [2019] NZIACDT 51 (23 July 2019) [pdf, 182 KB]

   ...2014 (the Code) are alleged: (1) by advising the employer that Mr B had confirmed he had the required welding skills when she had not asked him about that at that point in time, Ms Rodriguez may not have been honest or conducted herself with due care, in breach of cl 1; (2) by advising the employer that Mr B had confirmed he had the required welding skills when she had not asked him about that at that point in time, Ms Rodriguez may have misrepresented her client, in breach of cl...

4. SH v CO & D Ltd & C Ltd & N Ltd [2021] NZDT 1615 (9 August 2021) [pdf, 237 KB]

   ...3. The issues to be determined are: a. What were the terms of the contract? b. Does the Consumer Guarantees Act 1993 (CGA) apply to the build? CI0301_CIV_DCDT_Order Page 2 of 7 c. Was the sewer pump fit for purpose? d. Was reasonable care and skill exercised in providing the painting service and was the outcome fit for purpose? e. Was there a failure to transfer the warranty on time? f. Is CO personally liable? g. Are the defects covered by the warranty? h. Is SH entit...

5. National Standards Committee 2 v Tennet [2025] NZLCDT 17 (20 March 2025) [pdf, 157 KB]

   ...had had a succession of law students employed part-time to assist him. However from 23 August 2019,3 Mr Hunter was the sole person working in Mr Tennet’s office alongside Mr Tennet. 1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 – rules 11, 11.3, 11.4 (pre 1/7/21) and rules 11(a)(iii) and (b), 10.11 (after 1/7/21). 2 Lawyers and Conveyancers Act 2006. 3 Memorandum of Counsel, Mr Pyke 14 March 2025. 3 [5] BH said he wished to gain “wor...

6. Recommendations recap - issue 9 [pdf, 865 KB]

   ...intersection with State Highway 6. It had been a very cold and frosty night and their vehicle slid on an icy road surface on a moderate right- hand S-bend and rolled over a steep bank. Both men were wearing seatbelts. The deceased was described as a careful and experienced driver but he was not experienced in driving in frosty and icy conditions. Although the speed at which he was travelling would have been appropriate in normal conditions, with local knowledge he would prudently have been...

7. Child and youth offending statistics in New Zealand 1992 to 2007 [pdf, 2.5 MB]

   ...representative, the Police and the Youth Justice Coordinator (YJC). The role of the FGC is to hold young people accountable for their offending and encourage them to take responsibility for their behaviour. FGCs for child offenders will also focus on care or protection issues present and family/whänau issues contributing to the offending. To this end, the FGC formulates a plan for the child or young person making recommendations as it sees fit (which, for young persons, may include pro...

8. LCRO 43/2021 CAT Ltd v ZEN Lawyers Ltd (28 October 2021) [pdf, 217 KB]

   ...director of ZEN) and Ms PQ, a staff solicitor, on 4 February 2019. [9] The discussion at the 4 February meeting first addressed issues relating to the flood insurance claim. Before further steps were taken on that matter, it was agreed that a careful examination of the terms of the commercial lease was required. Discussion on the issue of the flood insurance concluded with Mr JM advising the lawyers that he was experienced in reviewing commercial leases, and that he would peruse the...

9. Director of Proceedings v Platz [2021] NZHRRT 51 [pdf, 500 KB]

   ...defendant has breached the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 (“the Code”) in respect of Right 4(1) by failing to provide services to the aggrieved person with reasonable care and skill; and 2(b) A final order prohibiting publication of the name and identifying details of the aggrieved person in this matter (Mr A (deceased)). [4] Having considered the Agreed Summary of Facts the Tribunal is satisfied on th...

10. BORA Visiting Forces Bill [pdf, 214 KB]

    ...consistent with the New Zealand Bill of Rights Act 1990 (the “Bill of Rights Act”). We understand that this Bill is to be considered by the Cabinet Legislation Committee on Thursday, 6 November 2003. 2. We consider that, taking into account the protections that will be available to service personnel under the domestic laws of States entering into a Status of Forces Agreement (a “SOFA”) with New Zealand, the Bill does not appear to be inconsistent with the Bill of Rights Act....