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...of that challenge include the following: (a) that the Employment Court is seized of matters in proceedings 144/2017 and 7/2017 and the Authority determination pre-judged those proceedings; (b) the requirements imposed on the Authority by the Protected Disclosures Act 2000; 9 EMPC 7/2017. (c) the requirements on the Vice-Chancellor and on the Authority of obligations under the United Nations Convention Against Corruption...
...proceeding now because the appeal is still at an early stage, the evidence has not been exchanged and there has been no mediation. MEC reply, received 12 March 201 8. 3 Position of the other parties [6] The CounciF and the Royal Forest and Bird Protection Society of New Zealand Incorporated ('RFB') (a s 274 party)' do not oppose the application for waiver. [7] The appellant opposes the application on the grounds: 4 (a) the s 274 notice has been filed over five...
...respondents as part of a mediation settlement on 30 April 2008. [2] Those respondents seek to recover a proportion of the amount of the settlement from the seventh and eighth respondents (Caddick). They allege that Caddick owed them a duty of care. The duty was to ensure that the cladding and plastering work would be carried out in a manner and with materials that complied with the plans and specifications, the building consent, the building code and generally accepted building s...
...PENALTY [1] The respondent was originally charged with misconduct under s 241(a) of the Lawyers and Conveyancers Act 2006 (Act) and within the meaning of s 7 (1)(a)(i) and/or 7(1)(a)(ii) of the Act and Rule 11.1 Lawyers Conduct and Client Care Rules 2008. The charge was dated 9 March 2016. [2] The particulars of the charge were: (a) On 4 September 2015 the practitioner received from Frost and Sutcliffe Barristers and Solicitors an authority to uplift the file of Lemapu O...
...Determination dated 18 November 2010 clarified the Applicant’s complaints as follows: 3 [a] The Practitioner acted against the Applicant, he being a client or former client of his practice (Rule 8.7.1 of the Lawyers:Conduct and Client Care Rules 2008 [the Rules]); and [b] The Practitioner acted in a situation of conflict (Rule 6.1) [11] The Committee set out the factual background, applied the relevant rules to the facts and then considered each complaint thoroughly. Afte...
...psychological disability or impairment and physical or psychiatric illness, among other characteristics. 8. Clause 4(1)(d) of Schedule 2 in the Bill states that a vacancy occurs on the Board if a member has an order made under ss 10, 11, 12 or 31 of the Protection of Personal and Property Rights Act 1988 (‘the PPPR Act’) which reflects adversely on their competence to manage their own affairs in relation to their property or their capacity to make or communicate a decision relating t...
...fee schedules between 21 November to 19 December 2015. New fees have been added to the Children & Young Persons fixed fee schedule to accommodate: a new type of guardianship order (special guardianship) for children leaving state funded care a new care and protection ground for where the child's parent has previously had a child or young person removed due to abuse or neglect (Subsequent Children) a new ability for the Chief Executive of the Ministry of Social D...
...arrangements include a regular time (6-monthly or yearly) to get together and make changes. Going to the Family Court should be a last resort • Children cope more easily with separation when they see their parents deciding together how they’ll be cared for. • The costs, delays and conflict often involved in going to court can be stressful for everyone. You lose control of the outcome by going to court. You hand over the decision-making to a judge and you may end up with a deci...
...will also need to consider connections through whakapapa. If judges have any concerns or doubts, they should discuss them with the Chief Judge. Although appearances by family members as counsel are not common, judges should be particularly careful if that situation arises. In a contested case, they should take timely steps to ensure that the other party has full knowledge of the situation, and the opportunity to make submissions on any question of recusal. Most judges will...
...arrangements include a regular time (6-monthly or yearly) to get together and make changes. Going to the Family Court should be a last resort • Children cope more easily with separation when they see their parents deciding together how they’ll be cared for. • The costs, delays and conflict often involved in going to court can be stressful for everyone. You lose control of the outcome by going to court. You hand over the decision-making to a judge and you may end up with a deci...