Search Results

1. JD v RU LCRO 55 / 2011 (22 March 2012) [pdf, 130 KB]

   ...took place at the [Auckland] District Court when the accused appeared to answer the charges laid against him. [3] Mr JD complains that Mr RU’s conduct on the day breached a number of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. He lists these in his complaint to the Complaints Service of the New Zealand Law Society as follows: Chapter 10, s 10 (obligation to promote and maintain proper standards of professionalism in all dealings) Chapter...

2. LCRO 38/2019 & 151/2019 Yuri Lukas v ZE (30 January 2020) [pdf, 167 KB]

   ...and Conveyancers Act 2006 are also relevant to these considerations. Section 3(1) of the Act provides that “the purposes of the Act are – [a] To maintain public confidence in the provision of legal services and conveyancing services; [b] To protect the consumers of legal services and conveyancing services.” … [20] … undoubtedly, the respondent’s practice will be affected if publication is ordered, although one would expect that the practice of a lawyer who does not pr...

3. Proposals against incitement of hatred and discrimination - discussion document [pdf, 408 KB]

   Proposals against incitement of hatred and discrimination Public discussion document Contents Introduction from the Minister of Justice ............................................................................ 3 Summary of proposals ........................................................................................................ 4 Proposals against the incitement of hatred/hostility ........................................................... 4 Improving th

4. Proposals against incitement of hatred and discrimination - discussion document - large print [pdf, 458 KB]

   18pt Proposals against Incitement of Hatred and Discrimination Ministry of Justice Tāhū o te Ture Ministry of Justice | Tāhū o te Ture New Zealand Government This large format text is produced under Section 69 of the NZ Copyright (Marrakesh Treaty Implementation) Amendment Act 2019. It is for your own personal use and cannot be shared with anyone else. The author and publisher reserve the right to take legal action if the Act

5. LCRO 43/2020 SL v DN (29 September 2021) [pdf, 231 KB]

   ...identifying details of the parties in this decision have been anonymised Introduction [1] Mr SL has applied for a review of the determination by [Area] Standards Committee [X] that he had breached rr 6.1, 6.1.2 and 6.1.3 of the Conduct and Client Care Rules.1 The Committee made a finding of unsatisfactory conduct against Mr SL pursuant to s 12(c) of the Lawyers and Conveyancers Act 2006. Background2 [2] Mr DN was the owner of the rear unit of a three-unit development. Title...

6. OT US v N Ltd [2023] NZDT 169 (8 June 2023) [pdf, 196 KB]

   ...Ltd is dismissed. Reasons 1. OT drove a [vehicle] into the parking area which is part of N Ltd’s business. OT and US now bring a claim against N Ltd for $3,731.23. 2. The issues to be resolved are: (a) Did N Ltd breach their duty of care to look after the car? (b) If not, did N Ltd provide its services with reasonable care and skill? (c) If not what is the remedy? Did N LTD breach their duty of care to look after the car? 3. Background: OT who is named as one of th...

7. Investment brief: Restorative justice [pdf, 294 KB]

   ...for restorative practices to be applied without a victim present, particularly in the case of Family Group Conferences for young offenders, we did not discover any evidence as to the effectiveness of RJ in these circumstances. Procedural protections and consistency One major downside with RJ, as with community justice more generally, is the potential for insufficient protection of offenders’ rights by sidestepping the legal processes that provide many protections against...

8. Evidence Brief: Restorative Justice [pdf, 340 KB]

   ...for restorative practices to be applied without a victim present, particularly in the case of Family Group Conferences for young offenders, we did not discover any evidence as to the effectiveness of RJ in these circumstances. Procedural protections and consistency One major downside with RJ, as with community justice more generally, is the potential for insufficient protection of offenders’ rights by sidestepping the legal processes that provide many protections against...

9. Scope of inquiry Minute October 2021 plus appendices [pdf, 720 KB]

   ...necessary to preserve such confidentiality, the inquiry must be held, in whole or in part, in private. In addition, the RCOI was required to restrict access to inquiry information where it considered it necessary to do so for reasons including protecting New Zealand’s security or defence interests, protecting the identity of witnesses or other persons, avoiding prejudice to the maintenance of the law, and ensuring protection of fair trial rights. The RCOI was expressly prohibited...

10. Family Court rewrite submission: New Zealand Law Society [pdf, 1 MB]

    ...jurisdictions. The Family Court has a dual role embodied in most of the statutes under its jurisdiction: it is a court of law that has a judicial role to determine disputes based on the evidence before it; and when exercising that role, it also has a protective jurisdiction (in terms of the Care of Children Act 2004 (COCA) and other legislation) to ensure that children’s welfare and best interests are paramount. Unlike the other courts, the Family Court also has to make predictive a...