Ministry of Justice

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1. LCRO 3/2017 and LCRO 148/2017 McDonnell v LA (28 June 2019) [pdf, 436 KB]

   ...Both had executed wills in 2010. [7] At the same time Mrs A, under enduring powers of attorney, appointed Ms LA as her attorney as to both property and welfare.1 [8] By late 2014 Mrs A had capacity issues. Ongoing residence in a specialised care unit was anticipated. [9] On 7 October 2014, Mr and Mrs A and their adult daughter S visited Ms McDonnell to discuss estate planning arrangements, including updated wills. [10] Mr A was scheduled to have surgery later in October 2014. [...

2. LCRO 145/2021 AZ v BY (28 October 2022) [pdf, 205 KB]

   ...2019. He did not pay Mr BY’s invoice and in September 2020, Mr BY instituted proceedings for recovery of his fees. [9] Mr AZ lodged his complaints on 9 November 2020. Mr AZ’s complaints [10] Mr AZ complained that Mr BY: (a) Did not protect and promote his interests. (b) Did not provide him with information about the work to be done, who would do it and the way services would be provided. (c) Did not give him clear information and advice. (d) Did not advise him when...

3. LCRO 180/2022 HB v UC and JW (26 November 2024) [pdf, 216 KB]

   ...Build Guarantee …”.10 [19] [Law Firm A] conclude their response in the following manner:- “31. There was a limited retainer in place between Mr HB and [Law Firm A]and [Law Firm A] carried out the work required of it with appropriate skill, care and diligence. In the circumstances, any failure to make enquiries about the Warranty does not amount to unsatisfactory conduct and Mr HB has not shown that he has suffered any loss.” Mr HB’s comments in reply11 [20] Mr MG responde...

4. 2019 Directory of Official Information A-C [pdf, 1.3 MB]

   ...including determining cover; providing entitlements and rehabilitating clients; managing the Scheme’s Accounts and collecting levies. ACC buys treatment and rehabilitation services from many providers to ensure that injured people receive appropriate care and rehabilitation. This includes acute and elective surgery, assessment services and the provision of assistance based on need. A person injured as a result of an accident, who has an accepted ACC claim, may receive a range of ent...

5. [2018] NZEnvC 090 Cabra Rural Developments Limited v Auckland Council [pdf, 31 MB]

   ...incentive subdivision provisions could relate to either a small 4 number of sites in-situ or for larger developments a Master Plan approach to ensure that the issues identified in this decision are addressed, including particularly: (i) long term protection, enhancement and improvement of significant indigenous vegetation; (ii) long term enhancement and improvement of other indigenous vegetation; (iii) avoidance of the consequences of residential dwellings on indigenous ve...

6. Recommendations recap - issue 6 [pdf, 1.4 MB]

   ...these deaths. 1 Case study: Drowning deaths during recreational boating 4 Summary of coronial recommendations and comments 14 Summaries of general coronial recommendations and comments 14 Adverse effects or reactions to medical or surgical care 18 Aged and infirm care 19 Aviation‑related 21 Child deaths 21 Deaths in custody 23 Drug, alcohol or substance abuse 25 Fire‑related 26 Mental health issues 27 Natural causes 27 Product‑related 27 Recreational or leisu...

7. [2023] NZEnvC 133 Bay of Islands Maritime Park Incorporated v Northland Regional Council [pdf, 2.6 MB]

   ...of the Schedule 1 of the Resource Management Act 1991 BETWEEN BAY OF ISLANDS MARITIME PARK INCORPORATED (ENV-2019-AKL-000117) CEP SERVICES MATAUWHI LIMITED (ENV-2019-AKL-000111) D LOURIE (ENV-2019-AKL-000128) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2019-AKL-0000127) Appellants AND NORTHLAND REGIONAL COUNCIL Respondent Court: Environment Judge J A Smith sitting alone under s 279 of the Act Last case event: 23 June 2023 Date o...

8. Strengthening the family justice system - PDF version [pdf, 2 MB]

   ...us of the challenges they deal with daily. The Children’s Issues Centre at Otago University shared with us its initial findings from the major research project it is undertaking, following the 2014 reforms, on how parents make arrangements for care of children post-separation. We will be receiving a further update from them to help our final report. We are grateful for their input. We have published this paper so people can comment on the issues discussed and the changes suggested...

9. NH v Singh LCRO 53/2013, 91/2013 and 115/2013 (27 August 2014) [pdf, 95 KB]

   ...declare his interests with respect to the loan from QRS. The Committee concluded that his breaches of the Rules of Professional Conduct for Barristers and Solicitors2 were conduct unbecoming under the LPA,3 and his breaches of the Conduct and Client Care Rules4 [9] The Committee found that Mr NH’s complaint that Mr Singh had been misleading and deceptive as to the identity of the lender was valid. Although the loan documented the lender as QRS, Mr Singh repeatedly referred to t...

10. BORA Criminal Proceeds and Instruments Bill [pdf, 350 KB]

    ...impact on bodily integrity has not been considered in detail in New Zealand, courts in the United States and Canada have been proceeded on the basis that forfeiture does constitute punishment and is accordingly subject to scrutiny against constitutional protections. In any event, we consider that even if forfeiture orders were to be considered "treatment" or "punishment" that is subject to s 9 of the BORA, the impact of such orders is not such as to constitute "dis...