Search Results

1. OIA-109706-v2.pdf [pdf, 6.4 MB]

   ...including both in FDR and the in-court system through a lawyer for the child, specialist reports, and the judicial meeting. The purpose of this report is to identify best practices for children’s participation in decision making relating to their care, provide advice on where current practice differs from best practice, and propose improvements that could be made to child participation practices within the context of Care of Children Act (COCA) and FDR proceedings. Out of scope o...

2. McMeeken and Anor v CAC306 & Ors [2015] NZREADT 79 [pdf, 224 KB]

   ...in accordance with the client’s instructions unless to do so would be contrary to law.” [43] The above rules are general and must be balanced against one other. The Real Estate Agents Act 2008 and the Rules are designed to provide consumer protection. Fair disclosure to assist consumers in making informed decisions is an important part of that protection. [44] The Act places a positive obligation on agents to be “open, honest, accountable and to ensure that nobody is misled or...

3. Family Court review: case file sample [pdf, 373 KB]

   Reviewing the Family Court Case File Sample September 2011 www.justice.govt.nz SX10088, Wellington 6140, New Zealand Overview The Ministry of Justice, in collaboration with the judiciary and court staff reviewed a sample of Care of Children Act 2004 (CoCA) and Property (Relationships) Act 1976 (PRA) cases to help inform the Review.1 The cases selected were not intended to be representative of all cases involving applications made under these Acts but, instead, provide...

4. Decisions-about-special-patient-leave-and-change-of-legal-status.pdf [pdf, 6.1 MB]

   ...legislation to repeal and replace the Mental Health Act [SWC-22-MIN-0234, SWC-23-MIN-0096]. 4. Under current legislation, the Minister of Health has a decision-making role in relation to special patients. These are people who enter compulsory mental health care through the criminal justice system. 5. Cabinet agreed that new mental health legislation should shift decisions relating to special patients from the Minister of Health to an appropriately independent body, with the independent...

5. JR v ST LCRO 57/2015 (2 December 2016) [pdf, 248 KB]

   ...have thought failing to address a High Court Judge by his correct name might be considered disrespectful and in breach of… rule 13.2.1”.6 (d) Chapters 2, 3, and 13 of the rules dealing with upholding the rule of law, acting competently, and protecting court processes could be relevant; in any event. (e) Mr ST had been given clear particulars of the conduct in question. (f) … whenever a judicial officer criticises Counsel then there is a clear proper basis for a Law Societ...

6. BORA - Oranga Tamariki Legislation Bill 2019 [pdf, 82 KB]

   ...consequential amendments to a range of statutes to give full effect to the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017, which modernised the legislation dealing with children and young persons who are in need of care and protection or who commit offences, now called the Oranga Tamariki Act 1989. Significantly, the Act extended the definition of young person to include 17 year olds, which required amendment to a number of enactments which make up the...

7. LCRO 136/2021 YL v OB (28 February 2022) [pdf, 249 KB]

   ...not happy with; and (d) had compromised her position by failing to attentively and responsively manage her case. [9] Ms YL informed Mr OB, that she had received advice from a number of quarters that she should be lodging an application for a protection order. [10] Mr OB responded to Ms YL with indication that he was unable to continue to act for Ms YL whilst she was expressing reservations about the service he had provided for her. [11] Discussions then took place between Mr OB...

8. LCRO 5/2020 AJ v BN (30 September 2020) [pdf, 263 KB]

   ...Friday, 12 April 2019 email, and her telephone message that day, BN had not contravened his duty to act in a timely manner.4 3 Rule 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) states “In providing regulated services to a client, a lawyer must always act competently and in a timely manner consistent with the terms of the retainer and the duty to take reasonable care”. 4 Rule 3. 5...

9. Mr-Rasheeds-Authorities.pdf [pdf, 7.1 MB]

   ...the last-mentioned date: PROCEDURE 1. The case originated in an application (no. 24746/94) against the United Kingdom lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by an Irish and British national, Mr Hugh Jordan (“the applicant”), on 13 May 1994. 2. The applicant, who had been granted legal aid, was represented by Mr K. Winte...

10. INZ (Carley) v De'Ath [2018] NZIACDT 45 (13 November 2018) [pdf, 213 KB]

    ...a result of allowing unlicensed people to manage immigration applications, a false document was filed by one client and repeated applications by another client were incomplete. Immigration New Zealand contends Mr De’Ath failed to exercise due care in making these applications. [3] Mr De’Ath accepts that his business practice was contrary to the relevant legislation and that he has breached his professional obligations. BACKGROUND [4] Mr Benjamin Neil Stewart De’Ath is a l...