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1. 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...

2. Family Court Rewrite Submission - Paul von Dadelszen QSO [pdf, 268 KB]

   ...addition, the FDR service should be answerable to the Ministry of Justice and the Family Court; such would be appropriate if it is truly to be a part of that strengthened Family Justice Service. 2 Focus on children 6. Q1: Section 61 of the Care of Children Act 2004 (COCA) should be re- enacted. In my experience, it encapsulated those matters which are relevant to the safety of the child, particularly as it includes s.61(i). 7. Q2: There should be automatic (computerised)...

3. Mansfield v Southwell LCRO 199 / 2010 (8 September 2010) [pdf, 133 KB]

   ...against” element appears to reside in the Applicant‟s overall contention that the entire restructuring proposal was set up in contemplation of her failure, with the aim of depriving her of her property and transferring it to T. [31] I have carefully considered the evidence, the submissions made by the Applicant's counsel and also the principles set out in Black v Taylor. and counsel‟s various submissions concerning the risks involved in a lawyer‟s use or disclosure of...

4. LCRO 119/2018 QL v DW (22 October 2019) [pdf, 164 KB]

   ...action on the complaint was necessary or appropriate. [17] In reaching that conclusion, the issue identified by the Committee for consideration was whether, as required by rule 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules), Mr DW acted for Mr QL “competently and consistently with [Mr DW's] duty to take reasonable care”. (1) Relationship property calculations [18] The Committee referred to Mr DW’s calculations on which he b...

5. LCRO 191/2019 UY v FB (26 November 2020) [pdf, 266 KB]

   ...conduct of the respondent, Ms FB. Background [2] Mr UY is engaged in proceedings that are before the Family Court. [3] Ms FB acts for the opposing party. [4] In the course of the Family Court proceedings, Mr UY filed an application for a protection order. 2 [5] In submissions responding to that application, Ms FB described Mr UY’s application, as an application for variation of a parenting Order “in drag”. [6] Ms FB was required to file a memorandum with the court....

6. 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...

7. LCRO 83/2020 BA v SC (18 December 2020) [pdf, 265 KB]

   ...of regulated services (not being a contravention that amounts to misconduct under [s] 7)”.8 [42] The professional duties that bind lawyers when acting for clients are contained in the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) which, as the name suggests, concern the way in which lawyers must (a) conduct themselves, and (b) act for their clients. [43] Although the Rules, which expand on lawyers’ fundamental obligations, do not rep...

8. LCRO 24/2017 HC v DASH (24 January 2020) [pdf, 216 KB]

   ...concluded that the lawyer or his or her practice are able to make use of the membership to the advantage of the client; or (c) the lawyer’s ability to advise the client properly and independently is compromised. [40] Consistent with the consumer protection purposes of the Act and lawyers’ fundamental obligation to protect clients’ interests, r 6 requires that:3 [i]n acting for a client, a lawyer must, within the bounds of the law and [the rules], protect and promote the inte...

9. BORA Shop Trading Hours Act Repeal (Easter Trading) Amendment Bill [pdf, 188 KB]

   ...consultative procedure provided for in Part 6 of the Local Government Act 2002. 3. The Bill extends the protective provisions under the Act, which are afforded to garden centres and their employees, to those affected by the Bill. These provisions include protecting employees with existing employment agreements from being required to work on Easter Sunday except by agreement; and protecting shops from being required to open on Easter Sunday under any mandatory opening provision in existi...

10. Findlay v Auckland City Council [pdf, 108 KB]

    ...organised the building of the home by directly contracting with the architect and each of the trades involved in its construction. The Auckland City Council and Mr Slater submit, amongst their defences to the claim, that he failed to take reasonable care in looking after the owners’ interests by not properly instructing and managing the contractors and ensuring an oversight of the quality of their construction work and thereby contributed to his and the claimant trust’s own...