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1. National Standards Committee 2 v Mr Y [2022] NZLCDT 8 (24 February 2022) [pdf, 202 KB]

   ...[10] Further penalty principles such as deterrence, denunciation, rehabilitation, compensation, and the “least restrictive outcome”,3 are also weighed. These are considered against the framework of the purposes of the legislation, namely the protection of the public as consumers of legal services, and the upholding of professional standards in order to maintain public confidence in their provision. [11] The Tribunal will also take account of the overall context of the conduct, an...

2. 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...

3. Responding together: an integrated report evaluating the aims of the Waitakere Family Violence Court protocols [pdf, 894 KB]

   ...accountability ...............................................................................................91 6.3.1. Questions of balance ........................................................................................ 91 6.3.2. Victim safety: The protection provided by advocates speaking rights ............... 97 6.3.3. Victim safety: CVS, community and safety...................................................... 100 6.3.4. Victim safety: Protection and policing....................

4. MOJ0594_OCT21_WEB.pdf [pdf, 40 KB]

   ...can’t fully make decisions for themselves or communicate these decisions, the Family Court can appoint someone to act on their behalf. The Court can make and review orders to let someone make decisions or help the person make decisions about their care and welfare and/or manage their finances or property. Types of orders The court makes several common orders: • Personal Orders cover personal decisions involving, for example, medical treatment, putting a person in a rest home or no...

5. LCRO 60/2017 NV v GW (31 July 2017) [pdf, 191 KB]

   ...that Ms GW was well prepared for the mediation. [47] It presents as unlikely that this degree of preparedness would be compromised by a lack of attentiveness or care on Ms GW’s part, when the matters got to their critical point. [48] I have carefully considered all of the criticisms made by Ms NV. In large part, her complaint is driven by concern that the conference failed, in her view, to deliver her a fair settlement. To the extent that she identifies Ms GW as being responsi...

6. Family Court rewrite submission: NZ Nurses Organisation [pdf, 224 KB]

   ...health, employment and social policy development. In general we support the review of Family Justice System, which aims to review the ‘2014 reforms’ which made changes the services and processes available to help separating couples agree on the care and contact arrangements for their children. We agree that family violence, in all its forms, is unacceptable, and that addressing the systemic barriers that disadvantage women and children from accessing quality, fair and culturally...

7. Kaupapa Maori Resolution Pathways [pdf, 792 KB]

   ...tāne men tangata tiriti people of the Treaty (non-Māori) tangata whenua Indigenous people(s) tangi cry, release, mourn taonga goods, prized possessions taonga tuku iho principle of cultural aspiration tapu essence of sanctity, cultural protection, sacredness, set apartness Tauiwi New Zealand European, European taute tend to, ponder, consider Tawhirimatea God of the wind te ao Māori the Māori worldview te ao mārama the light, world of light te reo (Māori) Māo...

8. Map of application area Whanau a Kahu [pdf, 258 KB]

   SCHEDULE OF PARTICULARS OF PROTECTED CUSTOMARY RIGHTS Customary Marine Title Describe the Boundaries of the area under claim SCHEDULE OF PARTICULARS OF PROTECTED CUSTOMARY RIGHTS From Matakaoa point to Te Wharenaonao Point including Karakatuwhero tidal river & estuary, tidal aspect of all streams and rivers, to the outer limits of the territorial sea. (See map) • Whanau A Kahu hold the area specified in the map in accordance with tikanga and customary entitlements and rights. •...

9. Holden —Nga Taonga Tuturu (2010) 245 Aotea MB 230 (245 AOT 230) [pdf, 134 KB]

   ...(4) Upon receipt of a notification in accordance with subsection (3), the chief executive must— (a) take the action that the chief executive considers appropriate to— (i) provide for the examination of the tāonga tūturu, its care, its recording, and its custody on such conditions as the chief executive considers fit; and (ii) notify any parties that may have an interest in the tāonga tūturu; and (b) publish a public notice that calls for claims...

10. LB & QB v REAA & LI [2011] NZREADT 39 [pdf, 106 KB]

    ...covenant” in a transfer which also needed to be searched to ascertain the extent of the encumbrance. We deal separately below with the state of the title to the property. The Findings of the Authority [10] The Committee of the Authority gave careful consideration to whether the facts disclosed unsatisfactory conduct in terms of s.72 of the Act, or misconduct under s.73. We set out the following portions from the “Discussion” of the Committee: “The Committee considere...