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1. Apply for a welfare guardian

   ...free to apply for a Welfare Guardian Order. Apply to have a welfare guardian appointed People who can apply for a Welfare Guardian Order for themselves or someone else are: a person who is totally unable to make or communicate decisions about their own care a relative or attorney of the person who the Order is for a social worker employed under the Children, Young Persons, and their Families Act 1989 a medical practitioner or doctor a representative of any non-profit group that provides servic...

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   3. Welfare guardians

2. [2015] NZEmpC 137 Stevens v Hapag-Lloyd (NZ) Ltd costs [pdf, 173 KB]

   ...of limiting their exposure to this risk. A claimant may avoid this risk by abstaining from taking legal proceedings; but a party who is sued has no such alternative. It follows that, in fairness, defendants must have the means of gaining some protection from costs by making offers to settle by in some way meeting the claim. Plaintiffs should also have protection where defendants decline reasonable settlement offers. [57] Then there are the “public” aspects of litigation. I...

3. EA v WSC2 LCRO 11 / 2011 (24 June 2011) [pdf, 124 KB]

   ...provisions where an Act does not adequately provide for a situation that should be provided for to enable the legislation to operate effectively. (d) This is an area of professional discipline, with the relevant legislation focusing on public protection and confidence regarding legal services. In that area the Tribunal should be cautious in allowing preliminary technical process issues, with no real bearing on the rights of the person charged or the substantive process followed, to p...

4. Coutts - Estate of James Pou (2008) 129 Whangarei MB 145 (129 WH 145) [pdf, 328 KB]

   ...MB 148 SMonk: Yes, he was just left behind and my uncle looked after him. Court: He raised him from what age? S Monk: About 3. Court: Right through his childhood? S Monk: Oh, off and on because between my uncle and his wife they both took care of him. They were both separated . R Potorata: ... and he'd go back to his ... Court: Did the mother of Trez ... ? R Potomta: He'd go back to his parents when he (sic) got out of jail. [13] Although Sharee Monk acknowledged Tr...

5. LCRO 106/2021 TH v QA (17 August 2021) [pdf, 149 KB]

   ...Standards Committee decision dated 30 June 2021 at [10]. 5 [32] In deciding to take no further action on Mr TH’s complaint, the Committee held:3 (a) Mr QA was not Mr TH’s lawyer. (b) The Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) have minimal application to the relationship between a lawyer and a third party, such as here. (c) Mr TH’s allegations about Mr QA’s are serious and concern a matter that has been brought before the...

6. [2021] NZIACDT 18 - CL v Khetarpal (10 August 2021) [pdf, 242 KB]

   ...& [151]. 8 Z v Dental Complaints Assessment Committee, above n 7, at [97], [101]–[102] & [112]. 8 General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Client Care 2. A licensed immigration adviser must: … e. obtain and carry out the informed lawful instructions of the client, and … Work within limits of knowledge and skills 8. A licensed immigration...

7. LCRO 32/2022 QP v ZH (28 March 2023) [pdf, 209 KB]

   ...basis of other complaints: • Costs incurred for placing funds on term deposit and for preparing statements. Mr QP speculates that the funds may not have been placed on deposit. 3 • Potential breach of r 10.2 of the Conduct and Client Care Rules.1 • [Law firm K] was conflicted when it continued to act for Ms WO on her personal matters, including the purchase of another property. [Law firm K] response [13] [Law firm K] responded under the hand of two of its direct...

8. [2024] NZREADT 23 – CAC 2106 v Hu (29 July 2024) [pdf, 255 KB]

   ...(the Committee) with: (1) misconduct under s 73(a) of the Act (disgraceful conduct), or alternatively with misconduct under s 73(c)(iii)(wilful contravention of rr 6.1 and/or 6.3 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules)), or alternatively; (2) unsatisfactory conduct under s 72(b) (contravention of rr 6.1 and/or 6.3) and/or s 72(d) (work regarded by agents of good standing as unacceptable). [3] The particulars of the charges...

9. [2024] NZEnvC 291 Strain v Queenstown Lakes District Council [pdf, 3.2 MB]

   ...of the Schedule) for the approximate location and extent of the four subareas within LCU 11. Vegetation patterns Tall hawthorn hedging and mature poplar trees along the eastern side of Lower Shotover Road. Much of the road-side hawthorn hedging is protected under the District Plan, consent notices or conditions of consent. Exotic shelterbelts, woodlots, remnant gully/riparian vegetation, and exotic and indigenous amenity plantings on older rural and rural residential properties and aroun...

10. X Ltd v Q Ltd [2024] NZDT 261 (14 March 2024) [pdf, 185 KB]

    ...“company”, “Trust” and “agent” refer either to the entity itself or the individuals concerned, as the context requires. 7. The issues to be resolved were as follows: (a) Did the agent breach the agency contract? (b) If so, is the agent protected by the limitation of liability clause in the Contract? (c) If the agent is liable to the company, is the Trust liable to the agent under the indemnity clause in the Settlement? Did the agent breach the agency contract?...