Ministry of Justice

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1. 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...

2. Parenting Through Separation Operating Guidelines 1 July 2018 [pdf, 286 KB]

   ............................................................................................................ 18 Contents 1 About out of court services The Ministry funds various community-based services to help people reach agreement on parenting issues without going to court. The disputes are primarily about day to day care and contact, or guardianship matters arising under the Care of Children Act 2004 (CoCA 2004). Services include: Family Legal Advice Service (FL...

3. Bookings and what to expect

   ...hearing What to expect in the hearing room Interpreter bookings and travel Booking requests and travel arrangements The Central Registry (CR) manages the booking and payment of interpreters for all courts and tribunals. Bookings with the Immigration and Protection Tribunal differ slightly. When we email an interpreter about their availability to take on a booking, we call this a ‘request.’ We advise interpreters to confirm their availability for a booking as quickly as possible, as we may...

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4. LCRO 169/2017 NR v WP (30 October 2018) [pdf, 111 KB]

   ...[Company B]’s. Mr NR relies on the High Court decision as support for his complaint that Mr WP registered the [Company A]’s caveat without a lawful basis in contravention of r 2.3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). [6] For the reasons set out in its decision, the Committee rejected Mr NR’s concerns and decided further action in relation to Mr WP’s conduct was inappropriate. [7] Mr NR disagrees and has applied for...

5. Auckland Standards Committee 2 v Gardner [2017] NZLCDT 18 [pdf, 327 KB]

   ...live in; (d) The trust deed as drawn permitted C to take sole control of the trust’s single asset following the death of J, such that C could depart from the wishes of B and J following their deaths; (e) The failure of the respondent to be as careful as she should have been in respect of the advice given and the failure to meet usual standards of practice in respect of clear record keeping, written advice, and adequate reporting following the signing of documents. [7] Counsel...

6. Complaints Assessment Committee 409 v Andrew Rankin [2017] NZREADT 78 [pdf, 186 KB]

   ...[5] On the first charge against Mr Rankin, the Tribunal found that he had breached rr 6.4 (by withholding information as to the report) and 10.7 (by failing to disclose a known defect) of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”). [6] In respect of the second charge, Mr Rankin admitted that he had allowed the Brogdens to access the property, despite a warning in the initial report, and failed to make enquiries or take advice as...

7. Steele v Salisbury School (Costs) [2012] NZHRRT 26 [pdf, 61 KB]

   ...a lawyer. Indeed a growing number of litigants are self-represented. This is an inevitable consequence of the Tribunal’s jurisdiction, the nature of the rights it is required to adjudicate upon and the limits to legal aid. The Tribunal must be careful to ensure that human rights protection is not weakened by a punitive costs regime which discourages individuals from bringing proceedings before the Tribunal. [16] The fact that Mr Steele was successful in securing an adjournment at t...

8. Auckland Standards Committee v Sharma [2015] NZLCDT 12 [pdf, 148 KB]

   ...borrowers had granted new 3 Response to Charge against Practitioner dated 7 October 2014. 7 mortgage over the title to the Codrington Crescent property in favour of Westpac New Zealand Ltd. To protect its position the bank immediately lodged a caveat over the title of the Codrington Crescent property; and subsequently cancelled the loan contracts and demanded repayment of the full amount of indebtedness to BNZ. The practitione...

9. Te Ture Whenua Maori Succession Dispute Resolution and Related Matters [pdf, 133 KB]

   ...small, it is precious. The preamble of the Act provides: Whereas the Treaty of Waitangi established the special relationship between the Maori people and the Crown: And whereas it is desirable that the spirit of the exchange of kawanatanga for the protection of rangatiratanga embodied in the Treaty of Waitangi be reaffirmed: And whereas it is desirable to recognise that land is a taonga tuku iho of special significance to Maori people and, for that reason, to promote the retention of...

10. BORA Food Bill [pdf, 152 KB]

    ...expressing genuinely held opinions. 5. Clause 256 of the Bill empowers the chief executive of the department responsible for administering the Act (‘the chief executive’) to direct people operating under the Act to make statements for the purpose of protecting the public. The statements that could be required under cl 256 are likely to be statements of fact rather than ideas or opinions. However, if freedom of expression is infringed by cl 256, it can be justified on the basis that...