Search Results

1. Legal Aid Practice Standards Feb 17. [pdf, 526 KB]

   ...specific consent of the court to release the report has been obtained. Protecting the Commissioner’s interests 24. A lawyer must: 24.1 Take all reasonable steps to protect the interests of the Commissioner under a charge, including not doing or permitting anything that would or might effect the transfer of the property without the charge being satisfied (section 107(2)(a) and (b) Legal Services Act 2011) 24.2 Advise the Commissioner if he or she is aware that an aided person has, i...

2. [2020] NZREADT 37 - Eade v Real Estate Agents Authority (25 August 2020) [pdf, 335 KB]

   ...[74] In most cases, the decisions were concerned with representations as to existing features or structures, which were capable of being verified: [a] Donkin: the property was misrepresented as a “legal home and income”, when it was not permitted as such; [b] Fitzgerald: the property was advertised as having a “fully fenced yard” with “plenty of room for the children to play”, when the fence was not on the boundary and when moved to the correct position removed a lar...

3. National Standards Committee 1 v Young [2020] NZLCDT 20 (10 July 2020) [pdf, 289 KB]

   ...Associate Judge Doogue in Brown v Cheung,22 the Tribunal agrees with Mr Young that the rule is expressed permissively and therefore does not set a mandatory practice. English (or Maori with translation) is the language used by the Court. The rule permits evidence to be filed in another language with an accompanying interpreter’s affidavit. [49] We accept that r 160 does not prevent the filing of an affidavit in English by a non-English speaker where the Court can be satisfied th...

4. Legal Complaints Review Officer v Hong [2015] NZLCDT 27 [pdf, 407 KB]

   ...incorporated law firm is guilty of misconduct if, at a time when he or she or it is providing regulated services, and without the consent of the High Court or of the Disciplinary Tribunal, the lawyer or incorporated law firm knowingly employs, or permits to act as a clerk or otherwise, in relation to the provision of regulated services, any person who, to the knowledge of the lawyer or incorporated law firm,– (a) is under suspension from practice as a barrister or as a solicitor or as...

5. [2022] NZEnvC 029 Waimea Plains Landscape Preservation Society Inc v Gore District Council [pdf, 438 KB]

   ...landowners of some of the dwellings would be ‘very high’. [91] Ms Pflüger explained in some detail the range of viewing locations she visited as part of her site visit and assessment.44 She also told the court that her client’s brief did not permit her to enter private properties,45 although she did acknowledge, in answering questions from the court, that it would have been preferable for her to do so.46 [92] It appears also that she had no discussions with any of the occupa...

6. La Grouw as Trustee of the GJ Peacocke Trust v Rantin & MRA Architects Ltd [2011] NZWHT Auckland 8 [pdf, 178 KB]

   ...the drawings and that he prepared them in his usual manner. Like all the evidence Mr Watson gave, this evidence was careful and credible. Ms La Grouw wrote that because of problems, both with the architect and with getting resource consents and permits, no attempt was made to start the building for another twelve months from the end of 1999. I have concluded that Mr Watson‟s short delay in mid 2000 in completing the drawings (which then went to the engineer) did not materially...

7. Practice Standards for Legal Aid Lawyer (2016) [pdf, 487 KB]

   ...specific consent of the court to release the report has been obtained. Protecting the Commissioner’s interests 24. A lawyer must: 24.1 Take all reasonable steps to protect the interests of the Commissioner under a charge, including not doing or permitting anything that would or might effect the transfer of the property without the charge being satisfied (section 107(2)(a) and (b) Legal Services Act 2011) 24.2 Advise the Commissioner if he or she is aware that an aided person has, i...

8. Protection order applications June 2021 [xlsx, 90 KB]

   ...issued by Police to protect people at risk from violence, harassment or intimidation. When a PSO is made the person bound by it must leave the address while the PSO is in force and abide by certain conditions. If the bound person does anything that is not permitted by the PSO, Police can take the person to court. A breach of a PSO is not a criminal offence. However, where a PSO has been breached, Police can request a temporary Protection Order be issued by the District Court. This occurs as lon...

9. OIA-109631.pdf [pdf, 3.4 MB]

   ...reports under section 27. These judge-directed section 27 reports were facilitated by the Ministry on behalf of the Courts. 20. An issue was identified with this practice as the section does not authorise the Court to order such a report. The section permits an offender to request the Court hear this information. 21. Subsequently, expenditure on these reports by the Ministry through the Courts appropriation fund was stopped and offenders increasingly requested the reports themselves. As a res...

10. RIS - Updating the provisions in the Electoral Act 1993 for managing polling disruptions [pdf, 773 KB]

    ...Parliament in place to examine any decisions that a Minister may make. Without this oversight, there is the risk and perception that power may be used inappropriately. It would also be inconsistent with the Commission’s independence; the Act does not permit Ministers to direct the Commission on how it performs its functions and duties. Option C: Electoral Commission responsible for adjournment with requirement to consult with the Prime Minister and the Leader of the Opposition...