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1. Restorative justice: Best practice framework August 2019 [pdf, 1006 KB]

   ...‘Principles of Best Practice’ and the restorative justice providers’ ‘Statement of Restorative Justice Values’. The document noted that ‘the use of restorative justice processes in cases of family violence and sexual violence must be very carefully considered’. In 2013, Restorative Justice Standards for Family Violence Cases and Restorative Justice Standards for Sexual Violence Cases were developed that recognised the additional safeguards and processes needed when deal...

2. Template-Comprehensive-Whanau-Trust-Order-Final-Version-30-June-2020.doc [doc, 101 KB]

   ...undischarged bankrupt; (c) The Trustee is or will become incapable of carrying out his or her duties satisfactorily because of physical or mental illness or incapacity or prolonged absence or where he or she is subject to a property order under the Protection of Personal Property Rights Act 1988; (d) The Trustee has been absent for three (3) consecutive trustee meetings without reasonable excuse; (e) The Trustee is convicted of any offence whereby he or she is sentenced to prison and is stil...

3. [2014] NZEmpC 128 Huang v Li [pdf, 118 KB]

   ...conveniently summarised by Judge Inglis in Liu v South Pacific Timber (1990) Ltd: 7 [10] In exercising its broad discretion the Court must have regard to the overall justice of the case, and the respective interests of both parties are to be carefully weighed. The balancing exercise was summarised by the Court of Appeal in A S McLachlan Ltd v MEL Network Ltd as follows: The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award...

4. TSO v Hassan [2013] NZIACDT 52 (16 August 2013) [pdf, 125 KB]

   ...copies of the documents submitted to Immigration New Zealand. Given the explanations, and the absence of the documents I am not in a position to find Mr Hassan was negligent. There is sufficient material to satisfy me there was an element of lack of care. However, not every mistake or error of judgment is sufficient to found an adverse professional disciplinary finding. [53] The jurisprudence from various authorities dealing with other professional disciplinary contexts is appropriately...

5. LCDT - 2016 annual report [pdf, 496 KB]

   ...Disciplinary Tribunal”. 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, amo...

6. Regulatory Impact Statement discovery procedure high court and district court rules changes [pdf, 216 KB]

   ...trusted and accessible justice services. The options are assessed on the basis of whether there will be a reduction in costs for parties engaged in litigation, whether the options will reduce delays, and whether people‟s access to justice is protected. Regulatory impact analysis A variety of possible solutions to the problem were considered by the Rules Committee. This RIS groups these into options in a manner that provides the simplest comparison. The procedure for the...

7. KC v LF LCRO 046/2012 (21 November 2014) [pdf, 51 KB]

   ...further action in respect to KC’s complaint. The Committee concluded that: (1) The Committee did not have jurisdiction to consider a complaint against the Commissioner of the Inland Revenue (CIR). (2) Rule 10.8 of the Client Conduct and Client Care Rules1 (3) Concerns regarding storage of information secured at a Child Support Review hearing, should be best addressed by the CIR. (the Rules) did not require the consent of the other party to the recording of a meeting....

8. [2023] NZIACDT 21 – WN v Lawlor (26 June 2023) [pdf, 140 KB]

   ...received any submissions from Mr Lawlor. ASSESSMENT [29] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Refunds 24. A licensed immigration adviser must: … b. ensure that refund obligations can be met, and c. promptly provide any refunds payable upon completing or ceasing a contract for services. Docu...

9. Real Estate Agents Authority (CAC 302) v Kahukura [2016] NZREADT 70 [pdf, 167 KB]

   ...circumstances, she was required to make it absolutely clear that she was acting on her own behalf, not on behalf of the Agency. This was particularly important because, if she was not acting as a licensed salesperson, the Frasers would not be protected by a licensee’s duties and obligations under the Act and the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012. [22] Having considered the evidence, and counsels’ submissions, we find that Ms Kahukura did n...

10. Auckland Standards Committee 2 v Lawes [2019] NZLCDT 19 [pdf, 366 KB]

    ...2017 and November 2017 in breach of reg 17 of the Regulations; (g) failure to return credit balances to clients at the conclusion of a matter in a timely manner in breach of r 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules); (h) failure to administer a controlled bank account for Ms F in accordance with s 111(1) of the Act and/or reg 11 of the Regulations; (i) charge of an office service fee for faxes, photocopies and sundries on 15...