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1. Guidelines: Family Law section best practice [pdf, 415 KB]

   1 LAWYER FOR THE CHILD BEST PRACTICE GUIDELINES ACTING FOR CHILDREN UNDER THE CARE OF CHILDREN ACT 2004 AND THE CHILDREN YOUNG PERSONS AND THEIR FAMILIES ACT 1989 1. INTRODUCTION 1.1 The appointment of a lawyer to represent a child occurs under the specific legislation the proceeding has been brought. 1.2 In all proceedings in the Family Court, the role of lawyer for the child as described in these guidelines is prescribed by section 9B of the Family Courts Act...

2. EU v VK LCRO 233 / 2010 (9 August 2011) [pdf, 182 KB]

   ...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...

3. McLeod v C Yap [2013] NZIACDT 43 (15 July 2013) [pdf, 92 KB]

   ...The Tribunal expressly found that while Ms Yap’s behaviour was misleading, it could not find it was dishonest on the evidence before the Tribunal. Ms Yap was under a duty to ensure the information she provide was accurate, she failed to take the care required to ensure it was accurate. The information was in fact misleading. Accordingly, there was a failure to discharge a duty. [5] Ms Yap has also had another complaint upheld against her, and sanctions are being imposed in relation to...

4. MOJ0587_OCT21_web.pdf [pdf, 73 KB]

   ...information. Reasons for compulsory mental health assessment and treatment The Act sets out the reasons a person may be ordered to have a compulsory psychiatric assessment and treatment. The law aims to ensure that both vulnerable people and the public are protected from harm. The term “mental disorder” is a legal definition, not a medical one. It covers more than just mental illness. Legally, a mental disorder means an abnormal state of mind that: • poses a serious danger to th...

5. Ringwood v Auckland Council [2011] NZWHT Auckland 44 [pdf, 170 KB]

   ...LACK OF MAINTENANCE? ......................................................................................... 14 WHEN WAS THE HOUSE BUILT? .............................................................. 15 DID THE DEVELOPERS BREACH THEIR DUTY OF CARE TO THE CLAIMANT? ................................................................................................. 18 WAS THE COUNCIL NEGLIGENT IN ISSUING THE CCC AND IF SO DID THIS NEGLIGENCE CAUSE LOSS? ..................................

6. X Ltd v K Ltd [2019] NZDT 1339 (19 December 2019) [pdf, 252 KB]

   ...supplied by X Ltd, causing a loss to X Ltd of the cost of the printing ($1,434.05). X Ltd has filed a claim seeking this sum from K Ltd on the basis that the labels were correct, and/or would cause no loss to K Ltd, and that K Ltd failed to exercise due care in the manner in which it rejected the labels. K Ltd defends the claim on the grounds that the labels put both X Ltd and K Ltd at risk, that it exercised due care in the manner in which it rejected the labels and that its terms and c...

7. Data tables

   ...Ministry. View or download the family violence offences data tables Offences related to family violence The number of finalised charges and number of people with finalised charges and convicted of offences related to family violence including Breach of protection order, Common assault (domestic), Male assaults female, Assault on a family member, and Strangulation/suffocation. View or download the offences related to family violence data tables Driving under the influence The number of finalised...

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8. [2019] NZEnvC 025 The Wolds Station Limited v Mackenzie District Council [pdf, 970 KB]

   ...follows (additions underlined and deletions in strikethrough): The purpose of Plan Change 13 is to insert provisions into the District Plan te ~retest tile MaskeA.i. BasiA's-eytstaA~iA~ Aat"ral laA~ssa~es-aAEl-eoolG!JY to provide greater protection of the landscape values of the Mackenzie Basin from inappropriate subdivision, development and use. B: Decision [2018] NZEnvC 240 otherwise remains unchanged. REASONS PC13 - Erratum 2 Introduction [1] On 18 December...

9. Adoption in Aotearoa New Zealand: Summary document [pdf, 325 KB]

   ...rights at the centre of the new law and ensuring it better supports and considers the needs, including cultural needs, of everyone involved. We’ll consider whether adoption law needs to legally recognise whāngai arrangements (where a child is cared for by members of the wider whānau). We’ll also look at ways to improve the adoption process where a child is born by surrogacy. There have been calls to change Aotearoa New Zealand’s adoption laws for a long time. We acknowledge...

10. LCRO 97/2019 DH v MB (29 June 2020) [pdf, 273 KB]

    ...(a) Mr CP sought to negotiate a settlement of the division of shared property [Mr CP] and Mrs RS held at the time of Mrs RS’s death, and (b) he had advised that Mr CP had “a strong case to vary the terms of [Mrs RS’s] will under the Family Protection Act 1955”.3 Complaint [14] Ms DH lodged a complaint with the Lawyers Complaints Service on 12 March 2019, the essence of which was that by not providing Mrs RS with advice designed to “protect [Mrs RS’s]/family property�€...