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...public become increasingly aware of their rights and the Law Society’s own processes continue to identify issues of concern. The focus of the Tribunal now will be to ensure that it operates as efficiently as possible, both judicially in its public protection role, and as an independent statutory tribunal. Judge D F Clarkson Chair Page | 9 Appendix 1 Membership during the period 1 July 2012 to 30 June 2013 Chair Judge Dale Clarkson Deputy...
...is to defray the costs of administering the complaints and disciplinary mechanisms of the Act, which otherwise fall on all lawyers. [42] The starting point is that Mrs TP was entitled to apply for a review. There is a clear focus on consumer protection within the broader purposes of the Act, and on open access to the complaints and disciplinary processes of the Act for members of the public such as Mrs TP. [43] It is also relevant when considering costs that the Committee did...
...convenience. For conlpleteness, I note that section 77(3) of the Act as referred to by the counsel for the Respondent provides an exception to the general ten year rule in the contexi, of section 45 applications. Decision For the reasons stated, after careful consideration of the evidence and subtnissions before the Couti, pursuant to section 37 of the Act the application is disnlissed. Counsel nlay \Nish to subnlit Inel110randa in respect of costs. Dated at Rotorua this ,---- da...
...helpful in determining the matter, for a psychological assessment of the parties as it relates to their parenting. We note that (generally) psychological/psychiatric assessments are not appropriate screens for assessing parenting or children’s care arrangements because professionals who undertake them are not experts in assessing the individual within this particular context. Again we note that there are evidence based and effective models for assessments and interventions in comple...
...been set out in any of the notices of appeal. [21] In conclusion, the Hapu Committee submitted the Court should weigh the purpose and principles of the Heritage New Zealand Pouhere Taonga Act in considering their application, in particular the protection and preservation of historical and cultural heritage and the principle ofleast possible alteration or loss. Respondent's Submissions [22] Counsel for HNZPT made brief written submissions. She noted that the scope of the m...
...account rendered by XM and their obligation arose through the terms of the lease. This ‘indirect’ obligation to pay nonetheless renders the lessee ‘chargeable’ with the bill of costs. To decide otherwise would be to deny the consumer protection focus of the Lawyers and Conveyancers Act. [18] The authority of the subcommittees to make the complaint through their chairmen derives from the statute rather than from the terms of the lease. [19] Another important issue that w...
...interest (which include “protection of the public”), to maintain professional standards, to impose sanctions on a practitioner for breach of his/her duties, and to provide scope for rehabilitation in appropriate cases. Tribunals are required to carefully consider alternatives to striking off a practitioner. If the purposes of imposing disciplinary sanctions can be achieved short of striking off then it is the lesser alternative that – in this decision a full bench of the High Co...
...You’ll probably want to keep seeing both your parents. And your grandparents and cousins, aunts and uncles too. Let your parents know. Tell them how Will I still see everyone? If you don’t feel safe with one of your parents, you can be protected from them. It’s your right to be safe all the time, no matter who’s looking after you. If you’re worried about your safety, tell an adult you trust. You can also call the phone numbers listed at the back of this booklet. you...
...payable by the New Zealand Law Society, were also to be reimbursed to the Law Society by Mr Ram. [15] The Tribunal censured Mr Ram, noting that the applicable restrictions on commencing practise on his own account were designed to ensure public protection and to preserve public confidence in the legal profession, key elements of the statutory purposes of the disciplinary regime under LCA. The Tribunal noted that Mr Ram had undertaken various mandates for persons he considered, incorrect...
...in the future. [32] Mr Peters is clear that he is now at a different stage of his life and that he has learned a great deal from his recent experiences. He assures the Tribunal that he will not reoffend in the future. 7 [33] We carefully considered the Daniels5 principle of “least restrictive intervention”. We also considered the words of her Honour Winkelmann J in Hart where she said:6 …the manner in which the practitioner has responded to the charges may als...