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1. 19 June 2020 Updated FC Caseflow Management Practice Note [pdf, 1.4 MB]

   ...taken place since that time. The Care of Children Act 2004 brought about some fundamental changes to the practice of family law, including a change in relation to many expressions. “Custody and access” disappeared and were replaced with “parenting orders” which in turn enabled the Family Court to make orders as to day-to-day care and contact. “Counsel for the child” became “lawyer for the child”. As a result, I have previously undertaken a revision of many of the ex...

2. Government-Response-to-Te-Aka-Matua-o-te-Ture-Law-Commission-report.pdf [pdf, 1.1 MB]

   ...succession law follows its review of the Property (Relationships) Act 1976 which took place from 2016 to 2019. The Property (Relationships) Act sets out how relationship property should be divided when a marriage, civil union or de facto relationship ends by separation or death. 10. In its 2019 report, Review of the Property (Relationships) Act 1976 – Te Arotake i te Property (Relationships) Act 1976 (the relationship property report) the Commission made 140 recommendations...

3. Stone v Couch - Rapaki MR875 39A (2020) 65 Te Waipounamu MB 61 (65 TWP 61) [pdf, 345 KB]

   ...Oti and Mere. He says the gazette notice does not accurately record the intended beneficiaries, and that it was well known in his family that his mother intended the urupā for her own immediate descendants rather than for the descendants of her parents. He opposes an inquiry and reconfirmation of the trust but does not oppose further trustees being appointed. He also seeks a redefinition of the class of beneficiaries to reflect what he says was his mother’s true intention. [4]...

4. Domestic violence programme evaluation report [pdf, 1.8 MB]

   ...authors acknowledge with thanks the women and men who shared with us their views and experiences of family violence programmes. We thank the providers who assisted with the recruitment of programme users and who contributed their views in person and through the survey. We are also grateful to other key stakeholders whose insights we learned from. Finally, we wish to acknowledge Roslyn Hefford, Michael Slyuzberg, Jools Joslin and advisory group members for managing and supporting the...

5. GZ v TE LCRO 17 / 2011 (17 February 2012) [pdf, 155 KB]

   ...HC, a firm of solicitors in [South Island], to attend to conveyancing matters. c) Mr TD retained Mr TC as his barrister. 2 d) Mr TD retained the firm of TB (Mr TA) to attend to conveyancing matters on his behalf. [2] At the time of separation from Ms HB, TD was in control of substantial business assets while Ms HB was in occupation of the family home against which was registered a mortgage to Westpac bank. [3] Attempts to resolve relationship property matters through n...

6. LCRO 85/2016 BA v FE [pdf, 280 KB]

   ...Mr Hesketh, additional background facts emerged which assume some relevance when looking, for example, at the issue of fees. [66] At the time Miss BA instructed Mr FE, she and Dr JI were still living in the same house, although largely leading separate lives. Their children were all adults. Miss BA had initiated the separation. Dr JI did not want the couple to separate. [67] The couple owned their house. [68] Miss BA ran (and still runs) her own practice as a dentist, and did so...

7. [2015] NZSSAA 42 (1 July 2016) [pdf, 48 KB]

   ...result of the appellant’s earnings during the period in question. [3] The appellant requests that the Authority take into account her personal circumstances and direct that the debt not be recovered. Background [4] In 2007 the appellant separated from her husband and moved with their four children from the family home. Amongst other things, the appellant’s husband had suffered significant set-backs in his career and financial difficulties had arisen. The appellant and the ch...

8. Recommendations recap - issue 1 [pdf, 1.2 MB]

   ...CSU-2010-AUK-000623 / 2011 NZCorC 128 DATE OF FINDING 6 October 2011 CASE SUMMARY The deceased, an infant aged 7 months, died at her home. The cause of death was sudden infant death syndrome. She had been put down to sleep on her back in her parent’s queen sized bed at approximately 9pm the previous evening, by her father. She was placed with her head on an adult pillow and a cotton sheet and duvet covering her. Her older brother (just under 2 years old) was asleep to the...

9. Mason - Te Konoti B3SB (2015) 104 Taitokerau MB 249 (104 TTK 249) [pdf, 356 KB]

   ...owners) Konoti B3 South E 2A Block (B3 SE 2A) CFR NA2D/1160 General land Asa Puata and Katie Puata The south-western right of way [10] Although we are primarily concerned with the south-eastern right of way (created in 1914), there is in fact a separate south-western right of way that is relevant to the applications and which was first created in 1909. [11] On 4 November 1909 the Court partitioned Konoti B No 1 South East into Konoti B No 1 South East A (“B1 SE A”) and K...

10. 2006 National Survey of Unmet Legal Needs and Access to Services [pdf, 587 KB]

    ...more Pacific Peoples - Even split between homeowners and renters - Similar income profile, with half earning less than $20,000 per annum 5 - More people in part time jobs or not currently employed - Fewer married people and more who are separated or divorced - 1 in 10 have a mental health issue - 2 in 10 have a physical or sensory disability Barriers to People Accessing Legal Services Over half of people who experienced a problem(s) in the last 12 months did not seek...