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...Note replaces all previous Practice Notes pertaining to the selection, appointment and payment of lawyer for the child. 4 TERMS AND DEFINITIONS 4.1 In this Practice Note: (a) COCA means the Care of Children Act 2004; (b) CYPTFA means the Children, Young Persons and Their Families Act 1989; (c) FCA means the Family Courts Act 1980 (d) The term 'child' includes child as defined...
...within the whanau in relation to the land being gifted to Patrick. The affidavits were from Taru’s brother, Tuhawaiki, Taru’s current partner, Adrienne Whitehouse, and Taru’s niece, Robyn McRae-Aoake, the daughter of his late sister Keita who cared for Martha until her own untimely death in October 2001. 2011 Chief Judge’s MB 284 [15] Taru appeared at the hearing. Mr Dowthwaite appeared for Patrick who resides in Australia and who did not appear. Although Patrick wa...
...Family Court applications In 2021, there were 56,707 substantive applications filed in the Family Court. This increased 5% from 2020. The largest number of applications filed were for guardianship cases (27%). These applications relate to the Care of Children Act 2004 (excluding Hague) and are mostly applications for parenting orders. The next most frequent case types in 2021 were related to care or protection under the Oranga Tamariki Act 1989 (15%), family violence (14%),...
...Background [2] The Practitioner acts (or acted) for the ex husband of the Applicant. The Applicant was represented by her own lawyer. Her complaint stated that she and her former husband were “currently in the family court in relation to care arrangements for our daughter...”. The disputes surrounding clothing, school and Easter holidays, birthdays, and other issues, including whether an application should be made for Counsel for the Child. The complaints against the Pract...
Engagement Letters Members of the legal profession have expressed some frustration as regards some of the new Rules of Conduct and Client Care. The rules which have come in for most criticism (unsurprisingly) appear to be those which require the greatest changes to the way lawyers conduct their practice. While new obligations are imposed on lawyers by the Rules it may be that the obligations are not as onerous as some would think. Most importantly lawyers are free to determine for thems...
...most closely analogous to the Grave2 decision, albeit at a slightly less serious level. [13] It was common ground that this matter could properly be dealt with by a fine, censure and an award of costs. This is certainly not a situation where the protection of the public requires a more serious intervention such as suspension. Decision and Orders [14] We accept the submission of counsel that the recommended penalties are proper in this matter, to reflect the seriousness but to tak...
...itself. [50] It is clear from his evidence that Mr Kwon totally misunderstood the provisions of the Act for which he referred, namely ss 132, 147 and 188. [51] Furthermore, while the Standards Committee in its October letter to him which carefully set out the limits of confidentiality and made suggestions to how private information could be protected, he rejected their advice entirely. [52] We find that Mr Kwon had no valid reason for refusal. 13 3. Misconduct [...
...that legal aid should be granted. Family legal aid Family legal aid may be available for family disputes or issues that could go to court such as: • disputes over relationship property, child support or maintenance, or the guardianship and care of children • applying for or defending protection orders • matters relating to the care and protection of children and young persons • adoption • paternity http://www.legislation.govt.nz/act/public/2011/0004/latest/whole.html...
...make life easier rather than harder. There are some areas where we have, for good and sufficient reasons, pushed beyond current law and practice. The way we have phrased these recommendations is designed to mitigate any perceived ill effect. We have carefully considered these and have recommended an appropriate lead-in period so that practice can adjust, and, if desired, settlors and trustees can make changes to specific trust deeds. Of course, trustees will need to keep under review their admi...
...Additionally, in late 2018 a change was made to how Youth offending is recorded in Police systems. 1 From 1 July 2019, an application for a declaration that a child or young person is in need of care or protection has been replaced by an application for a care and protection order. 4 The numbers of individuals with unknown ethnicity for a particular time period will change over time. This means that the number of indivi...