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1. Proactive release – Family Court (Family Violence and Other Matters) Amendment Rules 2019 and other legislative instruments [pdf, 782 KB]

   ...Act will continue to be prescribed. 10 The Ministry of Justice has worked with the judiciary and other stakeholders to simplify the prescribed forms to the extent possible within legal requirements. To improve the approved forms, in particular the protection order application form, the Ministry of Justice has worked in close collaboration with a wide range of stakeholders, so they can be used by any person seeking action under the Family Violence legislation and minimise barriers to seek...

2. LCRO 74/2018 PG v EJ (29 November 2019) [pdf, 149 KB]

   ...SC had moved from her house to a rest home. Mrs SC died on 14 July 2015. Ms EJ applied for probate of Mrs SC’s will which was granted on 11 November 2015. [9] On 1 August 2016, Ms PG, VW and CT applied to the Family Court, under the Family Protection Act 1955, for further provision from Mrs SC’s estate (the family protection proceedings). A settlement was reached, recorded in a consent order dated 3 October 2017, whereby Ms PG, VW and CT each received $195,000 from Mrs SC’s...

3. Youth Court - Playing to win: youth offenders out of court (and sometimes in) [pdf, 241 KB]

   ...children or young people as necessarily symptomatic of problems or deficits with their personal, familial or environmental circumstances. A welfare approach would use the fact of criminal offending as an opportunity to address any and all welfare and care needs to a degree, and in ways, that were often disproportionate to the actual offending. 7 Morris and Young, above n 6, at 14. 3 Amid mounting concerns about the state of youth justice in New Zealand during this period, there was...

4. NU v ZY LCRO 239/2012 (31 March 2016) [pdf, 105 KB]

   ...conclusion that Mrs EL lacked capacity to understand the nature, or to foresee the consequences of decisions in respect of matters relating to her personal care and welfare. He considered that Mrs EL was mentally incapable in terms of section 94 of the Protection of Personal and Property Rights Act 1988.1 [15] Mr ZY advised Mr NU that he considered the revocation of his authority to be of no effect, due to Mrs EL’s diminished capacity at the time she had executed the revocation. At th...

5. LCRO 104/2017 CH v SL (16 December 2019) [pdf, 167 KB]

   ...for a review of a decision by the [Area] Standards Committee [X] to take no further action on her complaint concerning the conduct of the respondent, Ms SL. [2] The complaint related to whether or not Ms SL acted competently and with reasonable care in having Mrs CH’s husband, TD, execute enduring powers of attorney. There was contention as to whether at the time he was mentally competent to do so. Background Preliminary [3] Several of the individuals to whom it is necessary...

6. Hay v Dodds [pdf, 235 KB]

   ...at the roof parapets. In his view the vertical end faces of all parapets abutting roofs needed to be flashed with galvanised steel folded flashings, and the cut ends of the roofing needed to be folded to discharge water, with over-flashings to protect the adjacent surfaces. 5.4.2 The WHRS Assessor visited the property after the remedial work had been completed. He reviewed the photographs that had been taken by the Owners and all the relevant documentations. In his view ther...

7. National Standards Committee 1 v Deliu [2016] NZLCDT 26 [pdf, 408 KB]

   ...Zealand Bill of Rights Act 1990 permitted him to make the claims he did. [34] The ambit of this right in similar circumstances has helpfully been considered by an earlier judgment of the Court of Appeal in relation to Mr Orlov. The Court noted the protection afforded by freedom of expression is not absolute:12 [121] …it is not the making of the complaint which is the concern but the allegedly intemperate and persistent manner in which the complaints have been made [122] As...

8. Application for appointment as representative [pdf, 238 KB]

   ...Family Court. Ministry of Justice website: http://www.justice.govt.nz Ministry of Justice call centre: 0800 268 787 Applicant Full name This is the name of the person who is asking to be the representative and not the person who is applying for a protection order and/or a property order. Home Address Occupation Respondent Full name Home Address Occupation Associated Respondent (if applicable) (Leave this section blank if it does not apply.) Full name Home Address...

9. Warrington v Maidenhead LCRO 192 / 2009 (29 April 2010) [pdf, 108 KB]

   ...account for the credit of Seven, that he was an undischarged bankrupt and could not, for that reason, be in possession of this amount of money, and that it should have been returned to her. She believes that the Practitioner owed her a duty of care when he accepted her money into the trust account. She holds him accountable for this loss. [5] The Practitioner disputes any liability. He informed the Standards Committee that the company‟s sole shareholder/director, Mr Three.,...

10. CO v IBU [2011] NZIACDT 4 (14 February 2011) [pdf, 85 KB]

    ...This matter was referred to the Tribunal pursuant to section 45 of the Immigration Advisers Licensing Act 2007 (the Act) by the Registrar of the Immigration Advisers Authority. It concerns a complaint the Adviser was negligent, and breached duties of care. [2] The complaint alleges the Adviser: [2.1] Was, along with her colleague, SI, responsible for providing professional immigration services for the Complainant; [2.2] She accepted a engagement to prepare an Expression of Interest, w...