Search Results

1. LA-familyproceedings-steps.pdf [pdf, 513 KB]

   ...Persons and their Families Act 1989 Step 1: Application for Declaration and/or other CYPF Act Order (filed by Child, Youth and Family) Activity Guideline Hours Tasks normally covered by Guideline Hours Declarations and/or other CYPF Act order(s) (Care and Protection orders) up to 8 hours For • Taking instructions, attending client • Identifying legal and factual issues • Preparing application for legal aid • Preparing application for interim/final declaration (...

2. Guidelines for Lawyers Drafting Return Applications [pdf, 121 KB]

   ...affidavit of applicable law. Return applications have been unsuccessful because the supporting affidavits have failed to provide evidence on critical issues – often that issue relates to rights of custody. For example: What is the effect of a protection order on an applicant’s rights of custody? What is the status of a parenting agreement? Is a custody order in favour of grandparents sufficient to establish rights of custody? Does an unmarried father have rights of c...

3. OT US v N Ltd [2023] NZDT 169 (8 June 2023) [pdf, 196 KB]

   ...Ltd is dismissed. Reasons 1. OT drove a [vehicle] into the parking area which is part of N Ltd’s business. OT and US now bring a claim against N Ltd for $3,731.23. 2. The issues to be resolved are: (a) Did N Ltd breach their duty of care to look after the car? (b) If not, did N Ltd provide its services with reasonable care and skill? (c) If not what is the remedy? Did N LTD breach their duty of care to look after the car? 3. Background: OT who is named as one of th...

4. Family Court applications jun2024 [xlsx, 181 KB]

   ...Family Court applications filed, by case type and application outcome, 2014/2015 - 2023/2024 Table 1c: Number of substantive Family Court applications filed, by case type and filing location, 2014/2015 - 2023/2024 Table 2a: Number and percentage of Care of Children Act (excluding Hague) applications filed, by application type, 2014/2015 - 2023/2024 Table 2b: Number and percentage of Care of Children Act (excluding Hague) applications filed, by application type and filing method, 2014/201...

5. BORA Shop Trading Hours Act Repeal (Easter Trading) Amendment Bill [pdf, 188 KB]

   ...The proposed amendments require territorial authorities, before making any such decision, to consult their communities by adopting the special consultative procedure provided for in Part 6 of the Local Government Act 2002. 3. The Bill extends the protective provisions under the Act, which are afforded to garden centres and their employees, to those affected by the Bill. These provisions include protecting employees with existing employment agreements from being required to work on Easter...

6. Habeas Corpus Amendment Bill [pdf, 294 KB]

   ...that the next Members’ Day is 25 July 2012. 2. In summary, the Bill amends the Habeas Corpus Act 2001 to implement procedural changes recommended in Law Commission Habeas corpus: refining the procedure (NZLC R100, 2007). 3. Habeas corpus is protected by s 23(1)(c) of the Bill of Rights Act, which states that everyone who is arrested or detained under any enactment shall have the right to have the validity of the arrest or detention determined without delay by way of habeas corpus, an...

7. LCRO 49/2016 QG v WW (8 May 2018) [pdf, 183 KB]

   ...Parenting Orders were made in or about 2009 establishing a routine for the twins that enabled them to spend time evenly with both of their parents. There is evidence that the Orders were not always rigidly adhered to, and that applications for protection orders were made by Ms BA from time to time. 2 [4] Mr RL was appointed by the Family Court as lawyer for the children in 2010. [5] From late 2013 Ms WW acted for Ms BA. At that stage, Ms WW practiced alone. [6] In early 2014...

8. Decisions-about-special-patient-leave-and-change-of-legal-status.pdf [pdf, 6.1 MB]

   ...about special patient leave and change of legal status Key advice - briefing Ministry of Health / Ministry of Justice 10 August 2023 Some information has been withheld in accordance with section 9(2)(a) of the Official Information Act 1982, to protect the privacy of natural persons. The briefing has also been released on the Ministry of Health website. Transforming mental health law: Decisions about special patient leave and change of legal status Security level: I...

9. AD v Secretary of Justice 10 October 2017 NZRA 003/2017 [pdf, 149 KB]

   ...Secretary) made the following decisions: (a) Cancelling the applicant’s approvals to provide legal aid services and specified legal services in Criminal PAL 1-3, Family, Court of Appeal and Supreme Court, Civil, PDLA, Duty Lawyer, and Refugee and Protected Persons: (b) Barring him from applying for approval to provide legal aid services and specified legal services for two years. (c) Declining his application for re-approval. [2] The Secretary made her decisions for the following...

10. LCRO 151/2016 and 157/2016 NS v TD and TD v NS (27 September 2018) [pdf, 325 KB]

    ...Court. He said that “[in] all likelihood, Mr NS was unable to advance the arguments he now wishes to pursue on behalf of [Mr L] because he had acted for [Ms P]”.2 Mr TD [15] After concern initially arose in the parenting proceedings about the care of the two children, there was a round-table meeting (the meeting) the aim of which was to endeavour to resolve those concerns by consent. Mr NS participated in the meeting as did Mr TD who had been instructed to act for Ms R and c...