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1. WQ v Emberson [2019] NZIACDT 39 Sanctions (14 June 2019) [pdf, 102 KB]

   ...The Tribunal upheld this complaint against Ms Emberson, the adviser, in a decision issued on 8 May 2019 in WQ v Emberson [2019] NZIACDT 28. It found that Ms Emberson had not been professional and diligent, nor had she conducted herself with due care and in a timely manner. This was due to delays in filing an application with Immigration New Zealand and replying to her client’s questions. She was found to be in breach of cl 1 of the Licensed Immigration Advisers Code of Conduct 20...

2. [2021] NZEmpC 217 Humphreys v Humphreys and Chief Executive of the Ministry of Health [pdf, 368 KB]

   ...needs mean that she cannot be left unsupervised. She lives with her parents. Her adult siblings, who I infer do not have disability needs, do not live with their parents. Sian’s father is the plaintiff, Mr Humphreys. He is Sian’s primary carer. Her mother, Ms Jimenez, works full-time out of the house in paid employment but otherwise provides care for Sian. [3] From August 2014 Sian was in receipt of funding under what is known as the Funded Family Care Model. The Funded Fa...

3. Application for appointment as representative [pdf, 238 KB]

   ...Family Court. Ministry of Justice website: http://www.justice.govt.nz Ministry of Justice call centre: 0800 268 787 Applicant Full name This is the name of the person who is asking to be the representative and not the person who is applying for a protection order and/or a property order. Home Address Occupation Respondent Full name Home Address Occupation Associated Respondent (if applicable) (Leave this section blank if it does not apply.) Full name Home Address...

4. Family Court Rewrite Submission - FDR Centre [pdf, 371 KB]

   ...correspondence before the end of this week. A couple of matters were raised/discussed and on reflection I would like to offer some further comment/suggestions for consideration. Rebuttable presumption in favour of FDR as the preferred approach to resolving care and contact disputes We were delighted to see that the panel is considering our submission that there be a ‘rebuttable presumption’ that all disputes relating to care and contact arrangements for children be referred to...

5. KC & TC v B Ltd [2024] NZDT 278 (16th April 2024) [pdf, 181 KB]

   ...all travel documentation as does B Ltd’s conditions of travel. 4. TC and KC consider the terms of the Consumer Guarantees Act 1993, the CGA, apply to the booking service supplied by B Ltd and that the service was not supplied with reasonable care and skill. B Ltd responds that the CGA does not apply to air travel services by virtue of the Montreal Convention which is adopted into New Zealand law through the Civil Aviation Act. 5. The issues to be decided then are whether the CGA...

6. A new adoption system for Aotearoa New Zealand - Summary Document [pdf, 272 KB]

   ...doesn’t cover Past adoption practice This discussion document doesn’t have options that directly address the harms of past adoption practice. Past adoption practice is being considered by the Royal Commission of Inquiry into Abuse in State Care and in the Care of Faith-Based Institutions (‘the Royal Commission’). Whāngai This document doesn’t have any options relating to whāngai. Instead, the Government will be separately engaging with Māori on whether there s...

7. BS v YC LCRO 152 / 2010 (13 May 2011) [pdf, 91 KB]

   ...that the circumstances surrounding the giving and exceeding of the estimate should be addressed as a separate element of the complaint. Breach of confidentiality [25] Rule 8 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (Client Care Rules) provides that “a lawyer has a duty to protect and to hold in strict confidence all information concerning a client, the retainer, and the client‟s business and affairs acquired in the course of the profes...

8. BORA-Advice-Pae-Ora-Healthy-Futures-3-Day-Postnatal-Stay-Amendment-Bill-PUBLISHED.pdf [pdf, 250 KB]

   ...freedom of expression, and s 19, freedom from discrimination. Our analysis is set out below. The Bill 3. The Bill amends the Pae Ora (Healthy Futures) Act 2022 (the principal Act). It increases the amount of publicly funded inpatient postnatal care1 for mothers and newborns from 48 to 72 hours following birth and creates a requirement for lead maternity providers to inform women of this entitlement. Consistency of the Bill with the Bill of Rights Act Section 14 - Freedom of expressi...

9. Practice note: Children's supervised contact [pdf, 110 KB]

   ...3 INTRODUCTION 3.1 The objects of this Practice Note are to: (a) establish a national set of procedures and arrangements between the Family Court and supervised contact providers; (b) ensure that the need of any child using such a service for protection and safety is met; and (c) ensure that the child’s welfare and best interests are promoted. 3.2 The Court has jurisdiction under the Care of Children Act 2004, the Domestic Violence Act 1995, and the Children, Young Persons, and...

10. Better-outcomes-for-Victims-approvals-for-introducing-family-violence-legislation.pdf [pdf, 380 KB]

    ...towards a more victim-focused legislative framework – while also making significant and quick gains for victims and their families. 11. The Bill will apply to family proceedings. This includes core family matters such as proceedings related to the care and guardianship of children, family violence and relationship property. However, it does not include matters under the Oranga Tamariki Act 1989 where children are in need of care and protection. These proceedings are different in natu...