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1. Family justice: An administrative review of family justice system reforms [pdf, 967 KB]

   ...to resolve issues without the need to engage in formal court proceedings which can be adversarial and exacerbate conflict. The purpose of this report is to evaluate whether the changes made in the 2014 Family Justice reforms, primarily related to Care of Children Act 2004 (CoCA) proceedings, have achieved a number of intended benefits. The reforms aims were to create a family justice system which is responsive to children and vulnerable people; encourages individual responsibility where...

2. Recommendations recap - issue 14 [pdf, 891 KB]

   ................................................................................................. 4 Accidental ............................................................................................................................................ 4 Adverse Effects or Reactions to Medical/Surgical Care ..................................................................... 5 Alcohol and Drug-related ..............................................................................................

3. LS v TD LCRO 298/2012 (10 December 2014) [pdf, 82 KB]

   ...were unable to be fulfilled. If that were the 10 case, his subsequent conduct has compounded the potential problems that may arise from this. [52] Mrs LS asserts that Mr TD has breached rules 2, 7, 11, and 11.1 of the Conduct and Client Care Rules.18 [53] Rule 7 provides: I am not sure that rule 2 is applicable, but I agree that rules 7, 11 and 11.1 are. I also consider that rule 10 is applicable. Disclosure and communication of information to clients 7 A lawyer...

4. Hakaraia - Part Raetihi 2B2C3C2A1 (2007) 183 Aotea MB 2 (183 AOT 2) [pdf, 3 MB]

   ...One point, Mr Takarangi, I notice from I think it is Richard Hemara's affidavit, no it is Tamiaha Kumeroa. He says at paragraph six that his sister, Marama, assisted him by allowing the land to be used as security for a loan to purchase a child care centre in Whangamata and I mean that would tend to suggest that well at least one bank is prepared to use the land as security. Now we don't know the detail of course. We don't know how much the deposit was, how much equity was...

5. [2015] NZEmpC 228 NZ Meat Workers Union Inc v South Pacific Meats Ltd and Talley [pdf, 177 KB]

   ...to act for that client in that litigation. That is sometimes a particularly difficult role for an in-house lawyer to take, but those professional ethical obligations prevail even in those circumstances. [27] The relevant parts of The Client Care Rules promulgated under the Lawyers and Conveyancers Act 2006 include the following: 13.9 A lawyer who acts for a party in a proceeding must, to the best of the lawyer’s ability, ensure that discovery obligations are fully complied wi...

6. Grindle v CAC 20005 & Davis [2014] NZREADT 84 [pdf, 60 KB]

   ...very clear to Ms Davis that it was important to ensure that the settlement period for the sale of her property also matched the settlement period for her purchase. 3 [11] Part of the Committee’s reasoning is as follows: “3.6 We have carefully reviewed the responses from both licensees. While we can understand that the complainant was in a competitive multiple offer situation when she made her offer to purchase the property we do find it unusual that a 10 day settlement c...

7. Ryan v CAC 20002 & Skinner [2013] NZREADT 45 [pdf, 67 KB]

   ...the Act; and it determined under s.89(2)(c) of the Act to take no further action. The Stance of the Appellant [10] The appellant covered the above facts and stated that the Andersons had repeatedly offered to buy her business at $120,000 after careful advice from their accountants. She maintains that at her meeting with the licensee on 17 March 2011 it was agreed he was to meet the Andersons and communicate her acceptance of their offer at $120,000, put that into a contract form, “...

8. LS v TD LCRO 298/2012 Penalty decision (23 February 2015) [pdf, 68 KB]

   ...issued a decision (the findings decision) in which I found Mr TD’s conduct constituted unsatisfactory conduct pursuant to s 12(c) of the Lawyers and Conveyancers Act 2006 by reason of breaches of rules 7, 10, 11 and 11.1 of the Conduct and Client Care Rules.1 [2] Both parties have now provided submissions as to penalty as requested. Background [3] Mr TD had prepared a will for Mrs LS’s mother in which she purported to appoint Mrs LS and her sister as trustees of the [Trust...

9. Gillard v CAC 20003 [2014] NZREADT 4 [pdf, 132 KB]

   ...with them. They wished to be able to participate in a multi-offer and said that the licensee may have achieved a better price for his client. [12] The Committee found a breach of Rules 5.1 and 6.2 of the Real Estate Agents Act (Client Conduct and Care) Rules 2009. [13] Rule 5.1 reads: “A licensee must exercise skill, care, competence, and diligence at all times when carrying out real estate agency work.” Rule 6.2 reads: “A licensee must act in good faith and deal fairly w...

10. LT v SH [2019] NZIACDT 57 (7 August 2019) [pdf, 174 KB]

    ...Tribunal on 13 December 2017. The following breaches of the Code by [the adviser] are alleged: (1) by writing a document to Immigration New Zealand falling short of what was required to persuade it to grant a visa, there has been a lack of due care in regard to the complainant’s circumstances, in breach of cl 1; (2) by providing incorrect and potentially misleading information to Immigration New Zealand, in breach of cl 1; 2 The comp...