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1. Characteristics associated with the early identification of complex Family Court custody cases [pdf, 89 KB]

   ...the complex cases are the ones where it is difficult to establish the truth of the allegations, and therefore make decisions about the safety of the child. Some informants expressed the view that the resentment caused by an ex parte application for a protection order can make a very poor start to a custody dispute and impede resolution of issues. Ex parte applications for protection orders under the Domestic Violence Act contribute to the complexity of custody cases in two ways. Such applicati...

2. LCRO 74/2020 NS v AD (29 January 2021) [pdf, 285 KB]

   ...carried out by Mr NS. [5] Ms AD has not applied to review the Committee’s determinations in relation to the estate and sale matters. Accordingly, this decision relates only to the immigration work. Background Ms ND’s instructions: Domestic protection [6] In early 2017, Ms ND approached Ms G, a lawyer with her own law firm, to act for her in domestic protection proceedings involving her husband (the DV proceedings). [7] Ms G practised in [suburb A], from the floor of a bui...

3. [2024] NZEnvC 291 Strain v Queenstown Lakes District Council [pdf, 3.2 MB]

   ...Strains have had a longstanding desire to develop Summerhill for their children and to support their retirement. [33] They identify a number of environmental benefits as being enabled by upzoning for development. Those include opportunity for protection of open space, enhanced riparian planting of the creeks and re-establishment of the wetlands. They consider that to also offer associated benefit to the water quality of Lake Hayes. [34] The Strains also explain they have assiste...

4. Auckland Standards Committee v Castles [2013] NZLCDT 53 [pdf, 277 KB]

   ...approximately 27 times, having put some of their items into storage. The overall outcome for them of these proceedings has been catastrophic and ruinous. 13 Credibility [55] The Tribunal has been invited, quite properly we believe, to consider carefully the credibility of the witnesses but in particular to make an assessment of the honesty of the practitioner. The requirement for a practitioner to demonstrate openness and complete honesty in dealing with disciplinary matte...

5. LCRO 111/2021 New Zealand Law Society v AP (10 January 2022) [pdf, 349 KB]

   ...letter, in a letter to the Complaints Service dated 20 January 2021. [36] To avoid making what will be a relatively lengthy decision any more so, I will briefly summarise Mr AP’s submissions. In doing so, I mean him no disrespect. I have very carefully read those submissions. [37] However, because the facts are largely undisputed, and occurred over relatively short periods of time, detailed repetition is unnecessary for these purposes. 9 [38] Mr AP made the following points:...

6. Wiezoreck v McHugh [2013] NZIACDT 35 (4 June 2013) [pdf, 240 KB]

   ...professional service he had paid for, and incurred further unnecessary costs of $530 (translations), and NZQA fees of $477. [23] Ms Susan Atherton, who is not a licensed immigration adviser and is presented by Oceania as working in its “Client Care & Compliance Department”, responded to the complaint regarding Ms McHugh’s professional conduct. The letter essentially disclaimed responsibility for the advice given. The letter emphasised the need for further investigation of ent...

7. LCRO 24/2023 RD v KE and PS (5 September 2023) [pdf, 329 KB]

   ...the Standards Committee and this Office has been a single, one-paragraph letter in which she stated: Whilst my involvement with [Law firm] was in the capacity of staff solicitor I fully recall that WD assisted her father in all matters as she was caring for him and in the course of my work I met, during appointments they had with VB, both WD and her father on numerous occasions. The Standards Committee’s inquiry [53] In December 2021, the Committee issued an order for production o...

8. [2022] NZEnvC 236 Ngāti Tūpoho v Manawatū-Whanganui Regional Council [pdf, 1.4 MB]

   ...principles associated with Te Mana o Te Wai as drawn from the NPS-FM 2020. The relevant Te Mana o Te Wai principles are as follows: (a) Mana whakahaere: the power, authority, and obligations of tangata whenua to make decisions that maintain, protect, and sustain the health and well- being of, and their relationship with, freshwater. (b) Kaitiakitanga: the obligation of tangata whenua to preserve, restore, enhance, and sustainably use freshwater for the benefit of present and future g...

9. [2021] NZREADT 40 – Beath (29 July 2021) [pdf, 389 KB]

   ...erroneous understanding that the concerns about the party wall related to a “potential or possible risk” because it had not been assessed directly by an engineer, and therefore did not need to be disclosed, and prospective purchasers would be protected by a recommendation that they seek their own building report. They accepted that this was a fundamental error. [31] The Tribunal found that the licensees failed to comply with their obligations in two key respects: they relied on...

10. Waitangi Tribunal - Part III Te Urewera [pdf, 6.7 MB]

    .... . . . 582 16 .5 .1 Introduction : why a national park ? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 585 16 .5 .2 The origins of national parks : the development of official protections for parks and reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 587 16 .5 .3 Early Crown consideration of official pr...