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1. BORA Substance Addiction (Compulsory Assessment and Treatment) Bill [pdf, 325 KB]

   ...to participate in treatment. 5. The Bill raises a number of concerns with section 11 and section 22 of the Bill of Rights Act. These rights are fundamentally concerned with individual autonomy and dignity. Any limitation on these rights requires careful scrutiny and justification. 6. We consulted with the Crown Law Office during the preparation of this advice. We agree the impairment of an individual’s right to refuse medical treatment is justified under the Bill and that the provisi...

2. CA v XU LCRO 196 / 2010 (18 May 2011) [pdf, 157 KB]

   ...client information), Rule 6.1 (acting for more than one client where there is more than a negligible risk that the lawyer will be unable to discharge the obligations owed to all clients) and, Rule 3 (lawyer to act competently and to take reasonable care). The Rules referred to are the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (Client Care Rules). [21] The Complaints Service acknowledged the complaint and requested that Mr CC “clarify whether [hi...

3. WC VB UA v WC VB UA LCRO 189/2012, 184/2014, 180/2012 & 190/2012 (10 September 2015) [pdf, 83 KB]

   ...Probate was granted on 18 September 2009. [13] On 20 May 2010 Ms UA wrote to Mr WC on behalf of herself and Mr and Mrs VB, seeking compensation from Mr WC in respect of the loss they had suffered “as a result of [Mr WC] breaching [his] duty of care owed to each of [them]”. In the letter Ms UA referred in some detail to the Court of Appeal judgment in Gartside v Sheffield, Young and Ellis.2 1 WC submissions to LCRO (24 August 2015)...

4. RIS: Strengthening the Family Court [pdf, 4.8 MB]

   ...Summary: Problem and Proposed Approach Problem Definition What problem or opportunity does this proposal seek to address? Why is Government intervention required? The Independent Panel (the Panel) appointed to review the 2014 reforms to the Care of Children Act 2004 (CoCA) released its report, Te Korowai Ture a-Whanau (the report), in June 2019. The Minister of Justice directed the Ministry of Justice (the Ministry) to progress recommendations to strengthen the Family Court based on...

5. Family Court Rewrite Submission - Auckland Coalition for the Safety of Women and Children [pdf, 1.1 MB]

   ...than domestic violence being an exceptional circumstance in the Family Court, a significant number of cases that come to the Court involve allegations of violence, coercion or abuse. It is the Family Court to which victims of violence turn to find protection from violence. The Court’s policies and processes should not add further barriers to adult and child victims obtaining such protection.  We strongly support the reintroduction of Section 61 of COCA – and recommend also reint...

6. Youth Crime Action Plan - full report [pdf, 2.8 MB]

   ...across all this work will set the scene for reducing youth crime and allow all children and young people to reach their potential. Recommendations from the Social Services Select Committee Inquiry into the Identification, Rehabilitation, and Care and Protection of Child Offenders are addressed in the Youth Crime Action Plan. The challenge for frontline workers is to make each intervention the last justice sector intervention for the young person and their family, no matter what...

7. LCRO 80/2022 NL v EB (23 July 2024) [pdf, 237 KB]

   ...Standards Committee identified six issues to be addressed:7 (a) Whether requests for information from Mr EF were not dealt with in a timely manner as required by Rule 16 of the Lawyers and Conveyancers Act (Conveyancing Practitioners: Conduct and Client Care) Rules 2008 [(Conduct and Client Care Rules)]. (b) Whether funds were distributed from the trust ledger account reference 1015-15 in the name of [Firm B] without the relevant written authority from [Firm B] and/or the two directors...

8. PG Ltd v KH Ltd & JC Ltd [2014] NZDT 1346 (31 October 2014) [pdf, 217 KB]

   ...claims that sum from JC. 7. KH says the first claim was paid in error. It seeks recovery from PG of the $9,477.29 paid. 8. The issues to decide are: a. Is KH required to pay PG because it paid on a previous claim? b. Did JC take reasonable care and skill to effect/renew PG’s insurance and let PG know if it couldn’t? c. If not, would cover have been available? Would it have responded? Did PG suffer $11,114.81 of loss? d. Is KH’s estopped from ‘clawing back’ the $9,4...

9. SG & LN v M Ltd [2023] NZDT 715 (12 December 2023) [pdf, 220 KB]

   ...if any compensation is awarded, M Ltd should at least be able to retain its significant production costs. 4. The issues to be resolved are: a. What was agreed about the design of the headstone? b. Has M Ltd provided services with reasonable care and skill? and c. If not, are SG and LN entitled to compensation of $15,000.00 as claimed, or to any other sum? CI0301_CIV_DCDT_Order Page 2 of 5 What was agreed about the design of the Headstone? 5. Under contract law, a l...

10. BC v BQ [2024] NZDT 390 (5 June 2024) [pdf, 142 KB]

    ...a. What were the terms of the agreement? b. Did BQ misrepresent that the horse was sound? c. Did BQ breach the contract by refusing to refund the deposit or was she entitled to retain it in full or in part if BC failed to exercise reasonable care of the horse during the lease agreement so that it was returned in a sub-standard condition? d. What if any remedy is available? What were the terms of the agreement? 5. The common law of contract applies. For a contract to be enfor...