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Search results for care and protection.

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  1. avie v CAC 20002 & Goradia [2014] NZREADT 53 [pdf, 44 KB]

    ...application for an interim non-publication order other than alleged reputational impact. We have recently confirmed that the starting point must always be publication because this reflects Parliament’s intention in passing the Act, namely, to promote and protect consumer interests. If a general allegation of reputational impact alone were sufficient, this would, in practical terms, amount to automatic name suppression on all appeals. This aspect of the appeal is without merit. Pena...

  2. Complaints Assessment Committee 416 v Singh [2018] NZREADT 34 [pdf, 196 KB]

    ...to an unlicensed person to use in property transactions. [10] Mr Mortimer submitted that licensees belong to a regulated profession, and their involvement in a transaction offers reassurance to third parties. Licensees must therefore take care in controlling how they are associated with any particular transaction. He submitted that this is most easily done by licensees lending their names and brands to transactions only when their involvement is secured by an agency agreement....

  3. 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...

  4. 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...

  5. [2023] NZEnvC 183 W North Limited v Wellington Regional Council [pdf, 1 MB]

    ...properly. [15] While tl1is want of care is at the lower end of what might constitute unreasonable practice on the part of a public body I find that an award of costs to W/ Nortl1 Ltd is nonetl1eless appropriate. Quantum 8 9 Citing Environmental Protection Authori!)1 v BH7 Qfj.i·hore Singapore Pte Ltd [2021] NZHC 2577 at [24]. W NO!th Ltd v Greater Wellington Regional Council [2021] NZEnvC 166 at [18]. 6 [16] I do not find that this is a case in which a higher than normal...

  6. LCRO 252/2016 MY on behalf of BAT Ltd (12 March 2019) [pdf, 250 KB]

    ...an application for liquidation based on the failure to comply with the Statutory Demand had been canvassed, that Mr BJ came to the final view that he could not confirm to the court that the debt was undisputed. Mr BJ met his duty to the court to carefully consider the matter and his duty to the court overrides any wish expressed by Mr MY. [45] Mr BJ’s conduct does not approach incompetence to the level required before a finding of unsatisfactory conduct can be made. He also had...

  7. Recommendations recap - issue 5 [pdf, 1 MB]

    ...Recommendations recap covers a six-month period and includes 98 coronial cases where recommendations have been made. These findings were released by a coroner between 1 October 2012 and 31 March 2013. 1 Adverse effects or reactions to medical/surgical care 6 Aged and infirm care 9 Care facilities (other) 9 Child deaths 10 Deaths in custody 15 Drugs, alcohol or substance abuse 20 Electrocution 21 Fall 21 Fire-related 23 Mental health issues 25 Natural causes 26 Ov...

  8. CAC 414 v Goyal [2018] NZREADT 3 [pdf, 191 KB]

    ...obtain the vendors’ consent in the prescribed form to VAD’s acquisition of the properties; [b] s 135, by failing to provide the vendors with an independent valuation; [c] r 6.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), by failing to comply with fiduciary obligations owed to his vendor clients; [d] r 6.3, by engaging in conduct likely to bring the industry into disrepute; [e] r 6.4, by misleading or withholding informa...

  9. Canterbury Westland Standards Committee 1 v Whitcombe [2019] NZLCDT 37 [pdf, 152 KB]

    ...arose is a very serious matter, we did not consider this reached the standard of misconduct in this particular instance. Issue 2 [27] As admitted, this is certainly a case of clear negligence on the part of the practitioner in failing to properly protect the vendor, firstly from the risks posed by a conflict of interest, and secondly, from the risks proposed by a subdivision which was required to ensure that she received full payment, in circumstances where no default or penalty p...

  10. Canterbury Westland Standards Committee 1 v Ms X [2025] NZLCDT 50 (9 December 2025) [pdf, 122 KB]

    ...information and provided persuasive evidence about how she has changed her circumstances considerably since these events to address the causes of the events. [5] This decision addresses the penalty which should be imposed, while recognising the protective purposes of this process, and the need to respond to the losses caused to the complainant. Rehabilitation and compensation have strongly guided the outcome, in which we declined to suspend Ms X from practice. 1 Lawyers and...