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1. BORA Corrections Amendment Bill [pdf, 265 KB]

   ...deprived of liberty to be treated with humanity and dignity). 5. These rights are fundamentally concerned with fairness, individual autonomy, privacy and dignity of individuals within the corrections system. Any limitation on these rights requires careful scrutiny and justification. 6. We conclude that the Bill is consistent with the rights and freedoms affirmed in the Bill of Rights Act. The Bill 7. The Bill amends the principal Act to contribute to achieving the Department...

2. Youth Justice Indicators Summary Report 2018 [pdf, 1.2 MB]

   ...years………………………………………………………………………………………………. YJI 1.6. Proportion of children and young people referred for a youth justice Family Group Conference (FGC) who have previously been the subject of a report of concern to Oranga Tamariki relating to their care and protection Children aged 10 to 13 years……………………………………………………………………………………………………….. You...

3. Crosswell v Auckland City Council [pdf, 92 KB]

   ...cost of the eaves is refused. CONTRIBUTORY NEGLIGENCE [34] Contributory negligence is based on the premise that a claimant who sues another person for harm that he or she has Page 10 suffered, but has failed to take reasonable care in looking after his or her own interests, may have any damages awarded reduced to reflect the claimant’s share in the responsibility of the harm and damage suffered. Specifically, section 3(1) of the Contributory Negligence Act 1947...

4. [2023] NZIACDT 17 - NG v Murthy (24 May 2023) [pdf, 227 KB]

   ...[45] As the Tribunal observed in SU, there is a pattern to Ms Murthy’s misconduct. Most of the wrongdoing is carelessness about proper paperwork, particularly inadequate communication with her clients. This is not trivial. It is part of protecting and properly informing a client that there is a written contract and the client is aware of what is happening. In the current complaint, the first and second heads of complaint are not so much about paperwork, as about Ms Murthy’...

5. INZ (Calder) v Tian [2019] NZIACDT 58 (27 August 2019) Sanctions [pdf, 204 KB]

   ...INTRODUCTION [1] The Tribunal upheld this complaint against Ms Tian, the adviser, in a decision issued on 19 July 2019 in Immigration New Zealand (Calder) v Tian.1 It found that Ms Tian had not assessed and applied the immigration instructions with due care and professionalism and that she had corresponded with Immigration New Zealand in a way that was neither professional nor respectful. Additionally, she had refused to disclose her full files upon lawful demand by the Immigratio...

6. AR v ZE LCRO 83/2012 (6 May 2016) [pdf, 109 KB]

   ...that a complaint is dealt with promptly and fairly”. [20] In her response to the complaint Ms ZE advises that Mr AR “came into our office shouting and yelling how bad [the firm’s] service was”.4 [21] The preface to the Conduct and Client Care Rules states “Whatever legal services your lawyer is providing, he or she must … let you know how to make a complaint and deal with any complaint promptly and fairly”. She says she apologised for the error and explained why the fee...

7. Auckland Standards Committee v Yee [2015] NZLCDT 22 [pdf, 86 KB]

   ...the part of a lawyer, particularly when this involves the misuse of funds held on behalf of clients. [3] The solicitors trust account has long been regarded as “sacrosanct”.1 [4] The purpose of disciplinary proceedings are primarily for the protection of the public. “Closely allied to the protective object, professional discipline also aims to safeguard the reputation of the profession, which is more important than the fortunes of any individual member”. Dealing with it...

8. LCRO 13/2015 UP v HQ (19 June 2018) [pdf, 174 KB]

   ...to be treated equally with our shareholders and he gave us no advice whatsoever during this process”. [34] It was not Mr HQ’s role to promote the interests of Mr and Mrs UP or provide them with advice. He was acting for Mr and Mrs WB. Protection of confidential information [35] All information within Mr HQ’s knowledge relating to matters involving the UPs and the WBs, was information known to all parties. There was no potential for Mr HQ to breach any duty of confidentia...

9. LCRO 104/2020 LN v RT (30 September 2020) [pdf, 127 KB]

   ...disclosed, and that to the best of my knowledge, every affidavit filed with this application discloses all relevant circumstances; and 3. I am satisfied: (i) that the application and every affidavit filed with it complies with the requirements of the Care of Child Act 2004 and the Family Courts Rules 2002; and (ii) on reasonable grounds that the Order being sought falls within the grounds on which an Order can be made. [3] Although Mr LN said he had quite a number of other objectio...

10. Family Court Rewrite Submission - Isabel Aldiss [pdf, 149 KB]

    ...comprehensive literature review of CIP. We need a culturally responsive process if children are to be included in mediation. Caution is needed when involving children in the FDR process because of their vulnerability. FairWay has implemented child protection policies for all its staff and contractors. FairWay FDR process is child responsive process and is focused on child safety. This child inclusive mediation process is created by the exploration of the child’s life and the generat...