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1. OQ v QM & ors [2024] NZDT 539 (22 July 2024) [pdf, 166 KB]

   ...the respondent’s part. 13. An occupier is entitled, without giving notice, to cut back to the boundary the overhanging branches or encroaching roots of a neighbour’s trees. 14. The only proviso legally, is that it be done with reasonable care. 15. Whereas that may be relatively straight forward with respect to branches of a tree, it is hard to imagine that cutting roots back, will cause anything other than harm. 16. However, putting aside the uncertain possibility that a...

2. Protocol – children's medical emergencies

   ...Judge, after consultation with the then Children, Young Persons and Their Families Service, the Ministry of Health, the Police and, as it was then known, the Department for Courts. The aim of the protocol was to assist those who are concerned with the care and protection of children and who may wish to obtain an appropriate order from a Court in any emergency situation which might pose a threat to the life or wellbeing of any child. At that time the Family Court did not have jurisdiction to ord...

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3. Kaupapa-inquiry-programme-App-B-updated-Jan-2024.pdf [pdf, 158 KB]

   Appendix B. The kaupapa inquiry programme Updated: January 2024 Order Inquiry Indicative issues in registered claims 1 Māori military veterans (Wai 2500) Discrimination, recognition, disproportionate risk of harm, inadequate care and rehabilitation, land alienation, farm resettlement and economic opportunity, welfare and entitlements, cultural practices 2 Health services and outcomes (Wai 2575): - Stage 1: Primary healthcare system - Stage 2: Priority issues – mental health;...

4. 2022-03-22 Summary of Evidence of Edward Ellison on behalf of the ORC and Kāi Tahu Ki Otago - 21 March 2022 [pdf, 134 KB]

   ...are integrally linked with water and land through whakapapa, and this relationship is fundamental to the identity of Kāi Tahu as mana whenua. This connection carries rakatira rights for mana whenua and also imposes kaitiakitaka obligations to care for wai māori and the life it supports. 4 The condition of water is seen as a reflection of the condition of the people - when the wai is healthy, the people are strong and healthy and so too is their mana. 5 The protection of maur...

5. 230508-Proactive-release-Family-Court-Family-Court-Associates-Legisla.._FINAL.pdf [pdf, 589 KB]

   ...free up 25% of Family Court judge time. 8 The Bill amends several family law related statutes to enable the Family Court Associate to undertake some of the powers of a judge: 8.1 Family Court Act 1980;   8.2 Adoption Act 1955;  8.3 Care of Children Act 2004;  8.4 Child Support Act 1991;  8.5 Family Proceedings Act 1980;  8.6 Family Violence Act 2018;  8.7 Marriage Act 1955;  8.8 Oranga Tamariki Act 1989;  8.9 Property (Relationships) Act 1976;...

6. SW v UH LCRO 170/2014 (5 February 2016) [pdf, 48 KB]

   ...Committee to take no further action on his complaint against Ms UH. [2] Ms UH was counsel for VM in proceedings that were before the Family Court. The subject of the proceedings was Ms VM’s grandchildren. The children had been in Ms VM’s care. The proceedings were initiated by the children’s grandfather, who was seeking day-to-day care of the children. At the time the proceedings were filed, the children’s grandfather was residing with Mr SW. [3] The Court made timetabli...

7. BR v EP LCRO 008/2012 (3 September 2014) [pdf, 42 KB]

   ...not normally of itself impose a duty of care on one solicitor to the client of the other. Normally the relationship is not sufficiently proximate. Each solicitor is entitled to expect that the other party will look to his own solicitor for advice and protection. [32] It is almost inconceivable that a lawyer could owe a duty of care to a third person against whom his or her client is litigating.9 [33] In this case, EP was not engaged in litigation. He was not representing BR or a...

8. LCRO 136/2017 RAI and SEM v EYR, IPA and DYN (26 November 2018) [pdf, 333 KB]

   ...Law (CL] which has three partners, Ms IPA, Ms LAN and Mr BEL. In addition to the concerns raised about the lawyers’ competence, the applicants were also critical of the supervision provided by the partners to the lawyers. [2] The Committee carefully considered all of the matters the applicants had raised and decided further action was not necessary or appropriate, in some cases by a fine margin. Background [3] J, whose conception relied on a donor, was born in 2010. Ms RAI a...

9. PC8 ANNEXURE B attendances at mediations on Primary Sector provisions 23 July 2021 [pdf, 131 KB]

   ...Mt Aspiring Station Ltd New Zealand Pork Industry Board Ngāi Tahu Ki Murihiku North Otago Irrigation Company Limited NZ Deer Farmers Assoc. Otago Fish and Game Council and the Central South Island Fish and Game Council Pomahaka Water Care Group Springwater AG Limited William Thompson Te Runanga o Ngai Tahu Dairy Holdings North Otago Irrigation Mt Aspiring Wai Wanaka No No No Yes – agree to abide by position reach...

10. Every 4 Minutes

    ...significantly increases the likelihood of criminal offending.” Most criminal offenders have themselves been targets of violence: 80% of child and youth offenders have experience of family violence 87% of young offenders aged 14-16 years in 2016/17 had prior care and protection reports 75% of women in prison have reported family violence and sexual violence A history of sexual abuse is the strongest predictor of reoffending by young females. “Over the past 10-15 years there have been numer...

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