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1. LCRO 150/2017 UG v WN [pdf, 275 KB]

   ...purchasers of the property from Mr WN, did Ms UG act against a former client, Mr WN, in contravention of the qualified prohibition from doing so? (r 8.7.1) Analysis (1) Relevant professional rules (a) Duty of confidence [27] A lawyer’s duty to protect and hold in strict confidence all information concerning the client, the retainer and the client’s business and affairs acquired in the course of the professional relationship outlives the lawyer-client relationship and extend...

2. Mills v Capital and Coast District Health Board [2019] NZHRRT 47 [PDF, 731 KB]

   ...expectancy of a person with the Grade 4 malignant brain tumour is 14.6 months, from diagnosis. [5] Whereas Mrs Mills had previously sought reduced working hours on account of her own health she was now in the position of having to seek leave to care also for her husband. [6] It is necessary at this point of the narrative to provide further details about Mr Mills. Mr Mills is a self-employed disc jockey and MC. He is also a marriage celebrant. Mr Mills has an active public Fac...

3. Family Court Rewrite Submission - FDR Centre [pdf, 371 KB]

   ...correspondence before the end of this week. A couple of matters were raised/discussed and on reflection I would like to offer some further comment/suggestions for consideration. Rebuttable presumption in favour of FDR as the preferred approach to resolving care and contact disputes We were delighted to see that the panel is considering our submission that there be a ‘rebuttable presumption’ that all disputes relating to care and contact arrangements for children be referred to...

4. Guidelines for Lawyers Drafting Return Applications [pdf, 121 KB]

   ...affidavit of applicable law. Return applications have been unsuccessful because the supporting affidavits have failed to provide evidence on critical issues – often that issue relates to rights of custody. For example: What is the effect of a protection order on an applicant’s rights of custody? What is the status of a parenting agreement? Is a custody order in favour of grandparents sufficient to establish rights of custody? Does an unmarried father have rights of c...

5. 2021 October - Family Violence Provider Update [pdf, 152 KB]

   ...care when making contact by text message and through other messaging platforms as these messages may be accessed and read by others who are not the intended recipient. This is especially important as you may be contacting an applicant before the protection order has been served on the respondent. Safety measures include not mentioning the protection order, or that someone has asked for a safety programme, and not putting the name of your agency in the body of any messages. An examp...

6. Terms of Reference Appendix [pdf, 705 KB]

   ...54.0April September 20187 14 Criteria Assessment for each file reviewed 1 2 3 4 5 Comments Professional obligations g. Lawyers and Conveyancers Act 2006 and obligations under Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 ii. Duty as Officers of the Court iii. Reasonable fees iv. Other obligations Ministry obligations h. Contract i. Obligations met Ministry to follow up i. Practice Standards i. Obligations met...

7. Terms of reference [pdf, 701 KB]

   ...enable a clear understanding of the provider’s performance and refer to specific files where appropriate. Value Assessment Rating Applicable where Comments Exceeds value assessment Yes / No • very effective use of public resources • protection of Ministry interests takes into account the value to the client and the use of resources to achieve the outcome Meets value assessment Yes / No • effective use of public resources • protection of Ministry interests Doe...

8. Proposed amended Audit Terms of Reference v2 [pdf, 810 KB]

   ...enable a clear understanding of the provider’s performance and refer to specific files where appropriate. Value Assessment Rating Applicable where Comments Exceeds value assessment Yes / No  very effective use of public resources  protection of Ministry interests takes into account the value to the client and the use of resources to achieve the outcome Meets value assessment Yes / No  effective use of public resources  protection of Ministry interests Doe...

9. Proposed amended Audit Terms of Reference [pdf, 809 KB]

   ...enable a clear understanding of the provider’s performance and refer to specific files where appropriate. Value Assessment Rating Applicable where Comments Exceeds value assessment Yes / No  very effective use of public resources  protection of Ministry interests takes into account the value to the client and the use of resources to achieve the outcome Meets value assessment Yes / No  effective use of public resources  protection of Ministry interests Doe...

10. LCRO 81/2018 QQ v RR (26 November 2019) [pdf, 548 KB]

    ...value of $1,310,000 at that time, and included a division of trust assets. It recorded that their agreements related to:2 the future administration of the Family Trust and RR Trust, division of relationship property, maintenance, child support and care arrangements for the children. The agreement recorded the total value of relationship property, including the assets of the Family Trust … as … $2,433,300 … half share … $1,216,650. Mrs and Mr RR agreed who was entitled to wha...