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1. ENV-2016-AKL-000207 Mason v Auckland Council [pdf, 4.8 MB]

   ...(n), (q) and (r), and 15.6(2)(d). 6. By way of summary, the Council's decision: (a) Deleted the ability to identify Significant Ecological Areas (bush and wetlands) by reference to the criteria in L3 of the Proposed Plan for the purposes of protection in exchange for subdivision rights and required eligibility for such rights to be linked to the Council identified and mapped SEA's in the Proposed Plan only; (b) Reduced the incentives for SEA and unmapped significant indigeno...

2. LCRO 36/2021 ED v MR and FR (14 April 2022) [pdf, 242 KB]

   ...example, Mrs ED says in her complaint:5 For Mr MR to then believe it was appropriate to make himself our mother’s lawyer and turn any authorisation over only to [SA] only raises more concerns for us from a conflict of interest, through to negligent, careless and incompetent practices. … [MR] from his direct actions of gifting precious heirloom furniture to siblings showed favour to siblings and exclusiveness. This is not how my mother behaved. His behaviour caused [XM] and I e...

3. White v White - Mourea Papakainga 3E 14D1 Block (2011) 2011 Chief Judge's MB 280 (2011 CJ 280) [pdf, 122 KB]

   ...within the whanau in relation to the land being gifted to Patrick. The affidavits were from Taru’s brother, Tuhawaiki, Taru’s current partner, Adrienne Whitehouse, and Taru’s niece, Robyn McRae-Aoake, the daughter of his late sister Keita who cared for Martha until her own untimely death in October 2001. 2011 Chief Judge’s MB 284 [15] Taru appeared at the hearing. Mr Dowthwaite appeared for Patrick who resides in Australia and who did not appear. Although Patrick wa...

4. RIA - Prohibition of Conversion Practices [pdf, 355 KB]

   ...person (child or adult) where the practices cause serious harm and is reckless as to whether serious harm would be caused. This is the preferred option because it provides an enforceable prohibition of conversion practices through legislation and it protects both children and adults. The criminal offences and penalties and the civil redress process in themselves may not bring about a complete end to conversion practices. However, they would send a strong message that such practices...

5. Become a legal aid lawyer

   ...appearing in Microsoft Edge. Additional case example coversheet Additional reference declaration Firm undertaking Guidance and reference documents Applying to be a legal aid provider - Step-by-step guide  Legal Aid specific information for client care letters Contract for services Applying for an internal review of an application decision Application for internal review Areas of law Applicants can apply to provide legal aid services in the following areas of law: Criminal Parole Board Fam...

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6. BORA Coroners Bill [pdf, 21 KB]

   ...and a death is determined to have been self-inflicted only limited details can be published without the Coroner's permission. In the circumstances that the Coroner is able to grant permission to publish such details and given the interests of protecting the privacy of persons connected with the deceased such prior restraint on publication is a justifiable limit upon freedom of expression. 4.3 Clause 64 enables a coroner to prohibit publication of any evidence given at any part of th...

7. BORA Affiliate Te Arawa Iwi and Hapu Claims Settlement Bill [pdf, 201 KB]

   ...clauses in the Bill ousting the jurisdiction of courts and the Waitangi Tribunal (cll 13, 15 & 128) raise an issue about compliance with s 27(2) of the Bill of Rights. That section provides: “Every person whose rights, obligations or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination.” 5. Section 27(2) has been held to appl...

8. LCRO 101/2016 PL v OH (29 November 2018) [pdf, 92 KB]

   ...that Mrs PL is not Ms OH’s client. It is also noted that Mrs PL had her own representation throughout this transaction. [11] The Committee answered that issue in the following way:3 The professional obligations of a lawyer are to promote and protect the interests of their clients. There is no general professional duty on a lawyer towards a third party who is not a client. There are rules which impose duties on lawyers in the way they engage with unrepresented parties, but that has...

9. BORA Port Nicholson Block (Taranaki Whanui ki Te Upoko o Te Ika) Claims Settlement Bill [pdf, 283 KB]

   ...the redress provided under the deed or Act (cl 10(4)). That exclusion may constitute a limit on the right to seek judicial review affirmed by s 27(2) of the Bill of Rights Act, which provides: “Every person whose rights, obligations or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination.” 4. The term “determination of any tri...

10. BORA Policing (Storage of Youth Identifying Particulars) Amendment Bill [pdf, 290 KB]

    ...the identifying particulars of a person who is in the lawful custody of the Police if that person is detained for committing an offence. • The Ministry considered the taking of identifying particulars to be prima facie inconsistent with protection from unreasonable search and seizure in s 21 of the Bill of Rights Act because of the lack of judicial warrant or judicial oversight combined with the wide definition of identifying particulars. The Ministry concluded that the power...