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1. National Standards Committee 1 v Peters [2020] NZLCDT 34 (27 October 2020) [pdf, 86 KB]

   ...appropriate to recognise the professional breach. 6 Orders 1. There will be a censure of the practitioner in the following terms. Censure Mr Peters, as you are now acutely aware, you have breached a fundamental duty of lawyers to “protect and hold in strict confidence all information concerning a client”. Members of the public must be able to speak with their lawyers with complete confidence and trust that their communications and presentation will remain private....

2. McCreath v Attorney-General (Interim Non-Publication Order) [2014] NZHRRT 59 [pdf, 46 KB]

   ...granted the court or tribunal must identify and weigh the interests of both the public and the individual seeking publication. [11] In the present case the affidavits by Nurse A and Nurse B establish: [11.1] They provided immediate and appropriate care to Mr McCreath and appear to have been named as defendants simply because their initials appear in the Controlled Drugs signing sheet as having administered controlled medication to Mr McCreath on 21 April 2012. Their names were provided...

3. Maori Land Court Recusal Guidelines [pdf, 226 KB]

   ...consideration will be needed in situations where a judge’s spouse, partner or a family member has an involvement or a financial interest in the outcome of a proceeding. Disclosure of conflict of interest Principles Adequate disclosure protects the integrity of the judicial process and is also a defence against later challenges to the decision. Disclosure does not constitute an acknowledgement that the circumstances give rise to a reasonable apprehension of bias....

4. LCRO 124/2018 BK v [Area] Standards Committee (25 February 2020) [pdf, 140 KB]

   ...statements as to whether or not their client was the settlor of any funds. The attempt to correct this issue does not amount to a complete answer to all the issues the judge identified. [16] The lawyer also observed the lawyer’s evidence was carefully scrutinised by senior lawyers, including a prominent lawyer. That does not relieve the lawyer of the responsibility for the evidence provided, as they had the duty to the Court. Further, the scrutinising lawyers would have only had i...

5. LCRO 149/2023 HV v BQ (29 April 2024) [pdf, 136 KB]

   ...received such an 2 explanation, it is unlikely she would have made her fees complaint or expressed the understandings she expressed in it. [5] The applicant emphasises that his fees were “cheap”. The answer to that submission is that client care under the Rules is not assessed solely in terms of outcome and cost but also in terms of information, communication and understanding of the legal process. [6] The applicant’s breach of r 13.4 is less material. In particular, I h...

6. Review of community-based sentences in New Zealand [pdf, 1.4 MB]

   Review of Community-based Sentences in New Zealand Ministry of Justice Criminal Justice Group June 1999 2 3 Contents Executive Summary ............................................................................................................. 7 1. Introduction ................................................................................................................ 16 2. C

7. Mayfair Street Units v Spargo [pdf, 323 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2009-101-15 and 18 BETWEEN DAVID ALFRED FRANKLIN and DIANE HOLROYD FRANKLIN – Claimants in TRI 2009- 101-15 AND NGAIRE ANN SHERWIN and HTT 2003 LIMITED AS TRUSTEES OF THE KEREOPA WHANAU TRUST– Claimants in TRI 2009-101-18 – known as MAYFAIR STREET UNITS Claimants AND LYNN and MERLYN SPARGO First Respondents AND NORFOLK HOMES LIMITED Second Respondent AND LINDSAY MACK Third Respondent AND GIANNE MARCHE

8. BORA Taxation (Base Maintenance and Miscellaneous Provisions) Bill [pdf, 86 KB]

   ...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions....

9. BORA Supplementary advice - Te Atiawa Claims Settlement Bill [pdf, 188 KB]

   ...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions....

10. 2023 NZPSPLA 085.pdf [pdf, 76 KB]

    ...gave leave to the police to apply to suspend Mr AB’s certificate if he was charged with any further drink driving related charges or other alcohol fuelled offending. [3] Police advise that on 30 October Mr AB was convicted of contravening a protection order, dangerous driving and his fourth drink driving related offence. He was sentenced among other things to one year’s intensive supervision and disqualified from driving under s 65 of the Land Transport Act. This sentence is a gr...