Search Results

1. Provider Manual for legal aid providers - DELETE [pdf, 415 KB]

   ...and the Practice Standards set by the Secretary. The legal aid Practice Standards form part of the contract for service. These set out the minimum standards of service and conduct required of you. While similar to the rules of conduct and client care for lawyers, the practice standards set out specific requirements for legal aid lawyers’ responsibilities to clients, relationships with clients, conduct of legal aid cases and their dealings with others such as judges, experts, and co...

2. Provider Manual for legal aid providers - DELETE [pdf, 415 KB]

   ...and the Practice Standards set by the Secretary. The legal aid Practice Standards form part of the contract for service. These set out the minimum standards of service and conduct required of you. While similar to the rules of conduct and client care for lawyers, the practice standards set out specific requirements for legal aid lawyers’ responsibilities to clients, relationships with clients, conduct of legal aid cases and their dealings with others such as judges, experts, and co...

3. Canterbury Westland Standards Committee v Parsons [2013] NZLCDT 48 [pdf, 72 KB]

   ...because there remained an obligation3 to keep proper records of money received or valuable property held, and that had not occurred. [22] The Standards Committee emphasised that the purpose of a solicitor’s trust account obligations was public protection. In particular, the protection of money paid to the solicitor, so that the solicitor was not free to deal with the funds as if they were the solicitor’s own funds, and to ensure that such funds did not become available to...

4. [2021] NZIACDT 4 - SL v Mackintosh (4 March 2021) [pdf, 271 KB]

   ...breaches of the Licensed Immigration Advisers Code of Conduct 2010 (the Code). [3] Ms Mackintosh explains her circumstances at the time, but admits her misconduct. BACKGROUND [4] Ms Mackintosh, a licensed immigration adviser, is a director of Care Immigration Ltd, of Auckland. [5] The complainant is a national of India. She arrived in New Zealand in about March 2015 and at various times held student, work search and graduate work experience visas. She had a Bachelor of...

5. ENVC Hearing 6Oct14 TGKL case law 3 effects [pdf, 2.1 MB]

   ...asserting a fact, ... [is] the balance of probabilities. I do not read Shirley Primary School as in conflict with what is common to so many decisions of the Environment Court. We take it that the second sentence in that passage shows that Doogue J was carefully confining his statement to the standard of proof of facts. He was not stating anything .about the standard of 'proof of the judgements about possible future events and their [1999] NZRMA 66. High Court, Auckland AP 18/0...

6. CAC 10047 v Whiteford - Penalty [2011] NZREADT 16 [pdf, 145 KB]

   ...interest to a purchaser was less serious than a failure to make such disclosure to a client vendor. [8] We accept that an agent owes a fiduciary duty to a client vendor and not a purchaser. The Real Estate Agents Act (Professional Conduct and Client Care) rules 2009 defines a customer as being “a person who is a buyer or potential buyer of land or a business and who is not a client”. This means that a “customer” of a real estate agent is a purchaser and a “client” is a ven...

7. REAA v Randall [2011] NZREADT 40 [pdf, 47 KB]

   ...decisions which we have referred to in the Memorandum of Consent. That means that those Orders of the Authority stand and they involve fines of over $9,000 and orders about taking relevant education. As a result of those appeals being withdrawn, the carefully reasoned Orders made by the Authority stand. [8] We take into account that Mr Randall is willing to undertake educational courses of the type referred to. We hope he will learn from those that he certainly must show a vendor...

8. BQ v CR LCRO 281/2012 (28 August 2014) [pdf, 45 KB]

   ...Mr CR is exposed to any complaint in this regard. 5 Dr Matthew Downs (ed) Cross on Evidence (looseleaf ed. Lexis Nexis) at [EVA 54.15]. 6 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, Rule 8. 7 This statement is not intended to reflect any decision as to whether Mr CR has complied or not with the reporting obligations. 4 [17] Finally, in this decision, I do not need to address the question of who now...

9. BORA Fisheries Act 1996 Amendment Act Bill (No 2) [pdf, 281 KB]

   ...affirms that every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person's rights, obligations, or interests protected or recognised by law. The right to natural justice includes the right to be heard. [1] 7. Clause 5 of the Bill contains transitional provisions which apply to consultation undertaken before the commencement of the Bill for the purpose...

10. BORA Cluster Munitions Prohibition Bill [pdf, 360 KB]

    ...search and seizure. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a ‘search or seizure’. Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are ‘unreasonable’ in the circumstances. 6. Clause 13 of the Bill provides that cluster munitions in respect of which an offence has been committed may be seized without a warrant by...