Ministry of Justice

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1. M v I [2018] NZIACDT 17 (18 June 2018) [pdf, 213 KB]

   ...Disciplinary Tribunal (HPDT) in Re Tolland [2010] NZHPDT 325 (9 September 2010). The HPDT observed at [39]: Negligence, in the professional disciplinary context, does not require the prosecution to prove that there has been a breach of a duty of care and damage arising out of this as would be required in a civil claim. Rather, it requires an analysis as to whether the conduct complained of amount to a breach of duty in a professional setting by the practitioner. The test is whether o...

2. Family Violence and Sexual Violence Work Programme: eUpdate April 2019 [pdf, 535 KB]

   ...remember that school holidays can be a stressful time for parents, especially when juggling paid work with childcare, or needing to find ways to keep the kids busy on a limited budget. It’s a good time to reflect on the importance of community as a protective factor for families, and how we connect with those around us to ensure people have what they need to nurture their children and maintain healthy relationships. Kia kaha tō mahi mo ngā whānau. Introducing Fiona Ross, Di...

3. LCRO 71/2016 ZB v YA (23 August 2018) [pdf, 230 KB]

   ...for review on 8 April 2016. He says the Committee missed the point of his complaint. His complaint is against the conduct of Mr YA as a barrister and solicitor when measured against the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) and the Act. He refers to rr 11, 11.1 and 12. He contends that Mr YA has failed to ensure the reputation of the legal profession is preserved, engaged in conduct that is likely to mislead or deceive, and failed...

4. LCDT - 2014 annual report [pdf, 656 KB]

   ...justice”. The purposes of the Act are set out in s 3 as follows: “3. Purposes (1) The purposes of this Act are - (a) to maintain public confidence in the provision of legal services and conveyancing services: (b) to protect the consumers of legal services and conveyancing services: (c) to recognise the status of the legal profession and to establish the new profession of conveyancing practitioner. (2) To achieve those purposes, this Act, among...

5. Q v I [2018] NZIACDT 16 (18 June 2018) [pdf, 214 KB]

   ...Disciplinary Tribunal (HPDT) in Re Tolland [2010] NZHPDT 325 (9 September 2010). The HPDT observed at [39]: Negligence, in the professional disciplinary context, does not require the prosecution to prove that there has been a breach of a duty of care and damage arising out of this as would be required in a civil claim. Rather, it requires an analysis as to whether the conduct complained of amounts to a breach of duty in a professional setting by the practitioner. The test is whether...

6. K v I [2018] NZIACDT 22 (18 June 2018) [pdf, 214 KB]

   ...Disciplinary Tribunal (HPDT) in Re Tolland [2010] NZHPDT 325 (9 September 2010). The HPDT observed at [39]: Negligence, in the professional disciplinary context, does not require the prosecution to prove that there has been a breach of a duty of care and damage arising out of this as would be required in a civil claim. Rather, it requires an analysis as to whether the conduct complained of amount to a breach of duty in a professional setting by the practitioner. The test is whether o...

7. Q v I [2018] NZIACDT 18 (18 June 2018) [pdf, 213 KB]

   ...Tribunal (HPDT) in Re Tolland [2010] NZHPDT 325 (9 September 2010). The HPDT observed at [39]: 6 Negligence, in the professional disciplinary context, does not require the prosecution to prove that there has been a breach of a duty of care and damage arising out of this as would be required in a civil claim. Rather, it requires an analysis as to whether the conduct complained of amount to a breach of duty in a professional setting by the practitioner. The test is whether...

8. [2024] NZIACDT 27 - INZ v Tran (20 November 2024) [pdf, 230 KB]

   ...Tribunal [2017] NZHC 376 at [93]. 5 Immigration Advisers Licensing Act 2007, s 50. 6 [28] The sanctions that may be imposed by the Tribunal are set out in the Act.6 The focus of professional disciplinary proceedings is not punishment but the protection of the public.7 [29] It is the civil standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ...

9. Wellington Standards Committee 1 v King [2024] NZLCDT 46 (18 December 2024) [pdf, 105 KB]

   ...King’s actions and failures in acting for Mr H would be regarded by lawyers of good standing as disgraceful or dishonourable. [22] In addition, as submitted by Ms Town, Ms King can be seen to have breached a number of the Conduct and Client Care Rules.5 [23] She breached her duty of honesty and fidelity to the Court (r 13.1). [24] Ms King also breached r 13.3 by failing to obtain her client’s instructions on significant decisions in respect of litigation. She also breache...

10. [2017] NZEnvC 205 Ahureka Trustees no 2 Ltd v Auckland Council [pdf, 4.5 MB]

    ...1. A "hamlet" of 186 households and associated non-residential sites, occupying 16.47ha. The non-residential uses include a community hall/building, hotel/bar and restaurant, two retail units and three commercial units; 2. Areas to be protected by covenant, totalling 33.8Sha (of which 12.99ha is existing native vegetation and 20.86ha is proposed revegetation); 3. An area of exotic pine to be retained (O.4ha); 4. A balance area calculated by Ms de Lambert as being 41.S8ha t...