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1. LCRO 5/2017 QU v JP, YE and KJ (31 March 2017) [pdf, 115 KB]

   ...arrived on the Court file. [40] The Court environment is a secure and managed environment, in which all who handle the vast and diverse raft of documents that arrive at the Court on a daily basis are well schooled in the obligation to preserve and protect the confidentiality of all parties who are engaged in proceedings. [41] I think it unlikely that the decisions would be viewed by any Judge presiding over any subsequent proceedings for recovery of fees as potentially compromising....

2. BORA Building Bill - Preliminary [pdf, 55 KB]

   ...(e.g. requiring them to be accredited or certified); • encouraging a higher level of accountability and competence by participants in the building industry (e.g: providing for the licensing of building practitioners); and • improving consumer protection (e.g: providing for implied warranties and standard contract terms). Particular clauses of the Bill considered for consistency with the Bill of Rights Act 9. We have considered the consistency of the Bill with the following sect...

3. Government-Response-to-the-Report-of-the-Petition-of-Kiwilaw-Probate-and-Estates-Ltd_FINAL.pdf [pdf, 384 KB]

   ...administering very small estates would involve costs that are out of proportion to the value of the property involved. 7 The threshold is set relatively low to provide safeguards, through Court oversight, against potential dishonesty and fraud. It also protects the executor 1 4590ig8zer 2024-07-25 15:18:28 IN CONFIDENCE of a will from potential personal liability provided any payment or distribution was made in good faith in accordance with the will. 8 The petitioner seeks to upli...

4. Otago Standards Committee v Cottrell [2024] NZLCDT 25 (27 August 2024) [pdf, 117 KB]

   ...their responsibilities to their profession. [2] Ms Cottrell’s actions fall under this description, and after the hearing we determined that there was no disciplinary outcome short of strike off which would meet our statutory obligations to protect the public and uphold the standards and the reputation of the profession. [3] On 6 August 2024, we made an order striking Ms Cottrell from the roll of barristers and solicitors of the High Court of New Zealand. This decision sets ou...

5. [2019] NZEnvC 205 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 15 MB]

   ...on plan changes .... .. ... ..... ................ ..... ...... ..... ....... .... ............ .... ... .... .... .. ... ....... ... ....... .. ............ .. .... .. 79 Evaluation of SP 3.3.24 and SP 3.3.30 and related matters of assessment and protection of values .................................................. .. .. .... ... ....... ... .... ....... .. ....... ..... .. 80 Evaluation of Strategic Policies on enablement of activities in Rural areas ...... ........ 86 Evaluation of SP...

6. Kaupapa Maori Resolution Pathways [pdf, 792 KB]

   ...has been an absolute honour and pleasure to work with you all! Aroha nui ki a koutou! Kaupapa Māori Resolutions Pathway 4 GLOSSARY aarita or pangia touch akoako consultation, respecting others’ views aroha love for self and care and compassion for others āta growing respectful relationships atua gods, supernatural beings, demons, spirits awa river(s) ea resolved, appear, avenged, restoring balance hakari breaking bread, feast hapū sub-tribe hara offen...

7. AB v CD LCRO 332/2013 [pdf, 264 KB]

   ...interest prevented Mr AB from acting for Mr CD in the negligence proceeding. [37] Mr CD submits that the essence of Mr AB’s conflict is captured in the following: (a) Rule 6 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules). (b) The dicta of Penlington J in Nicholson v Icepak Coolstores Ltd.9 (c) Mr AB’s client care letter. [38] Mr CD submits that the decision in Nicholson is authority for the proposition that a conflict of inter...

8. LCRO 33/2016 GW v AX (27 June 2018) [pdf, 292 KB]

   ...13 The Court in Xu did not dwell on the possible implications of this provision, but took another tack — see [67] below. 14 Xu v Council of Law Society of New South Wales, above n 7, at [54]. 12 [54] However, a careful reading of Xu, suggests that a degree of care must be exercised before a lawyer elects to refuse to release a passport upon client or former client request. [55] Basten JA, noted that:15 A passport is not necessarily to be treated as

9. Family violence & the pro-arrest policy: a literature review [pdf, 214 KB]

   ...accordance with the Domestic Violence Act 1995. The term ‘family’ includes ‘such people as parents, children, extended family members and whanau’ or any other people involved in relationships. Examples of such relationships include partners, caregivers, boarders, flatmates, and people in same-sex relationships (Police Commissioner Policy Circular 1996/2, para 1). It is important to note that the application of the pro-arrest policy in regard to family violence has a wider focus than...

10. Proactive release - Sexual violence response [pdf, 7.7 MB]

    ...protections of our system. Finally, I propose to reconsider the definition of ‘consent’ and the continuing role of juries in sexual violence trials. Change in these areas could involve significant shifts in the way our system deals with sexual offending. Careful consideration would be given to any impact on defendants’ fair trial rights, and the wider impact on the criminal justice system. Background Responding to family and sexual violence is a priority 9. There is a growing so...