Search Results

1. Toilolo v Letalu [2014] NZIACDT 52 (15 April 2014) [pdf, 129 KB]

   ...client engagement process. [2.3] He did not lodge the appeal, but dishonestly told his client he had done so. [2.4] He did not treat the unearned fee as client funds and instead took the money. [2.5] When his licence expired, he did nothing to protect his client. [3] The adviser has not challenged the statement of complaint, which set out these grounds. The Tribunal is satisfied the material before it requires that it uphold the complaint. The Statement of Complaint [4] The Registr...

2. Auckland Standards Committee No. 2 v Kennelly [2017] NZLCDT 37 [pdf, 290 KB]

   ...to reflect on his fitness to practise or as to bring his profession into disrepute. (s 241(c) of the Act). The charge relates to breaches of s 112(1)(a) and (c) of the Act, breaches of the Trust Account Regulations and of the Conduct and Client Care Rules. Particulars of the charge are annexed as Appendix 1. [2] The Tribunal was satisfied that the respondent’s admission of the charge was appropriate. It granted the applicant leave to withdraw the alternative charges of miscon...

3. BORA Major Events Management Bill [pdf, 330 KB]

   ...we considered potential issues of inconsistency with the right to freedom of expression (s 14), the right to be secure against unreasonable search and seizure (s 21), the right to be presumed innocent until proved guilty (s 25(c)) and the right to protection against double jeopardy (s 26(2)). What the Bill does 3. Under the Bill appropriate events may be declared to be major events for the purposes of the Act. Representations that suggest persons, brands, goods, or services have an as...

4. Family Court rewrite submission: Human Rights Commission [pdf, 734 KB]

   ...Commission welcomes the opportunity to submit on the consultation paper on “Rewriting the 2014 Family Justice System Reforms”. 2. As described in the background document to this review, the 2014 reforms drew on a range of past reviews which made careful suggestions for family justice system change.1 However, the 2014 reforms were ultimately implemented with a goal of cost saving rather than the sole goal of improving the family law system.2 3. The Panel will have access to signif...

5. LA Request to registrar to vary final Parenting Order - by consent [pdf, 238 KB]

   MOJ0522/02/14 Request to registrar to vary final Parenting Order – by consent 1 Request to registrar to vary final Parenting Order – by consent SECTION 57 – CARE OF CHILDREN ACT 2004 Use this form when ALL parties to a Parenting Order have agreed to vary (change) the existing Order by consent. This means you have all agreed to change the parenting arrangements that are outlined in the existing Order. To help you complete this form, follow the Guidelines document. You may also be e...

6. AAC v ZZX [2012] NZDT 33 (17 August 2012) [pdf, 64 KB]

   ...daughter may not have latched the middle padlock properly. At paragraph 9 of his affidavit, he accepted that he and his daughter failed to make sufficient checks of their fence on the day in question. I consider that ZZX owed a duty to take special care that his dogs could not escape from his fully- fenced section. I am not persuaded that the escape of his dogs had nothing to do with any actions taken by him or his daughter. The failure to make sufficient checks of the fence was...

7. ST v F Ltd NS [2023] NZDT 563 (6 November 2023) [pdf, 179 KB]

   ...with NS. The inadequate installation amounts to a failure under s 28 of the Consumer Guarantees Act 1993 (CGA), which provides that where services are supplied to a consumer, there is a guarantee that the service will be carried out with reasonable care and skill. What remedy, if any, should be given to ST? 8. The failure to install the vanity with reasonable care and skill cannot be remedied by completing the installation properly, as the vanity has been damaged by water ingress. ST i...

8. Le’Long v Oranga Tamariki [2024] NZHRRT 38 [pdf, 303 KB]

   ...be cited as Le’Long v Oranga Tamariki [2024] NZHRRT 38. Note publication restrictions. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2024] NZHRRT 38 I TE TARAIPIUNARA MANA TANGATA 2 [1] Ms Le’Long provided foster care for a child placed in her care by Oranga Tamariki. However, in May 2018, Oranga Tamariki removed the child from Ms Le’Long’s care. [2] Aggrieved by that decision, Ms Le’Long made an information privacy request to Oranga Tamariki un...

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

   ...this element of Ms YL’s complaint, is Rule 3 which provides that 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.3 [38] In addressing complaint that he had on occasions failed to respond to specific request made of him, Mr OB in large part, did not take issue with Ms YL’s contention that he had, at times, failed to promptly follow up with reques...

10. Recommendations recap - issue 7 [pdf, 1.4 MB]

    ...agencies and organisations. This edition of Recommendations recap features 41 recent coronial cases. These final findings were released by a coroner between 1 July 2013 and 30 September 2013. 1 Adverse effects or reactions to medical or surgical care 3 Child deaths 3 Diving, scuba diving, snorkelling 9 Fall 9 Fire‑related 10 Homicide or interpersonal violence 11 Mental health issues 11 Natural causes 11 Police pursuits or deaths in police custody 12 Product‑relate...