Search Results

1. Cutaran-Tanggaan v Earnshaw [2012] NZIACDT 61 (28 September 2012) [pdf, 81 KB]

   ...complained that Ms Earnshaw’s conduct has breached her duties under clause 1.1 of the Licensed Immigration Advisers Code of Conduct (developed pursuant to section 37 of the Immigration Advisers Licensing Act 2007; see www.iaa.govt.nz), which requires due care, diligence, respect and professionalism; and further, that she was negligent, lacked capacity, was incompetent, dishonest, and misleading. Each of these is a basis for upholding a complaint under section 44 of the Act. [18] In...

2. 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...

3. Livingstone v Rawhiti - Tokaanu Township 2B (2025) 496 Aotea MB 45 (296 AOT 45) [pdf, 210 KB]

   ...David, and he agreed but said this was only a temporary arrangement until Taui got better. [16] Lillian says that she did not move into David’s whare with the approval of her aunty Louise but had gone back more with a view to assist with the care of the land. While there is some difference between the parties as to the exact circumstances in which Lillian and her husband moved into David’s whare, I am satisfied that the arrangement was essentially an offer by Louise Paurini to...

4. 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...

5. Proactive release - Improving the justice response to victims of sexual violence [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...

6. LCRO 170/2020 KLM Limited v ND (30 March 2021) [pdf, 276 KB]

   ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [27] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that necess...

7. LCRO 53/2020 YJ v GK (22 April 2021) [pdf, 280 KB]

   ...Mr GK had acted for ABCD and Mr YJ personally where there was a conflict, or risk of conflict, between his interests and those of his clients. [47] The Committee considered whether or not there had been a breach of r 5 of the Conduct and Client Care Rules13 which requires a lawyer to be free of compromising loyalties or interests. [48] The Committee noted that Mr GK was not acting for Mr YJ in his personal capacity when preparing the shareholders’ agreement and the constitution...

8. Proactive-release-Legal-Services-Amendment-Bill_FINAL.pdf [pdf, 1.8 MB]

   ...funding for section 27 Released in Part. reports Some information has been withheld in Cabinet paper accordance with sections 9(2)(h) of OIA to Ministry of Justice maintain legal professional privilege, 9(2)(f)(iv) to Meeting date: 13 December 2023 protect confidentiality of advice tendered by Ministers and officials, and s 6(2)(a) to protect international relation. 2. Removing taxpayer funding for section 27 Released in full. reports Cabinet 100-Day Plan Committee Minute [100-23...

9. 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...

10. 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...