New Zealand lawyers and conveyancers disciplinary tribunal cases involving vulnerable clients, 2011–2017*

ABSTRACT

This research analyses disciplinary decisions of the New Zealand Lawyers and Conveyancers Disciplinary Tribunal (NZLCDT) from 2011 to 2017 that involve vulnerable clients. Increasingly, scholarship discusses vulnerability as an ethical concept, including in the legal context. Based on published decisions, the present study inquires whether some legal clients’ vulnerability warrants special attention. Twenty-five of the 193 clients in the NZLCDT decisions qualified as vulnerable based upon age, gender, mental health/neuro-disability or immigrant status. The results may inform disciplinary bodies and inspire preventive strategies by lawyers, educators and regulatory bodies. Ultimately, this evidence-based analysis magnifies the importance of client-centred approaches to risk reduction in legal practice.     

Lost on the Way Home? The Right to Life in Northern Ireland

This article starts from the premise that, through the Belfast Agreement, the Human Rights Act 1998 (HRA) was invested with a 'transitional justice' function in Northern Ireland, unlike in the rest of the United Kingdom. The article evaluates how far the HRA has met this challenge by examining a case study of the right to life. The European Court's development of a procedural aspect to the right to life in the form of a right to an effective investigation, has implicated both institutional reform for the future, and also a need to revisit past state killings with their 'transitional justice' implications. There have been some positive developments, but, despite this, domestic institutions and courts have largely failed to deliver on Article 2's procedural aspect. The article concludes by questioning whether the very design of the HRA has limited the possibilities for a 'transformational constitutionalism' capable of incorporating Article 2's procedural right.     

A Longitudinal Study of Modifying Influences in the Relationship Between Domestic Violence and Child Maltreatment

The increased risk of child maltreatment in the presence of domestic violence is well documented, but much remains unknown about factors that modify this relationship. This study investigates the roles of risk and protective factors in the relationship between domestic violence and being reported to the Department of Social Services for child maltreatment. Consistent with the literature, we find a significant overlap between domestic violence and maltreatment. Young maternal age, low education, low income, and lack of involvement in a religious community add to the risk for maltreatment associated with domestic violence. Separation between the maternal caregiver and her partner significantly reduces the risk for maltreatment when domestic violence is reported. A significant reduction in the risk for maltreatment is also found with higher levels of support from the maternal caregiver reported by the child in the context of domestic violence.     

An Impeditive Administrative Culture? The Legacy of Australia's First Auditor‐General on the Australian Audit Office

This historical study provides an account of the Australian Audit Office from its formation in 1901 until the end of the term of Australia's first Auditor-General in 1925. The Audit Office was created to assist the Commonwealth Government in discharging and reporting on its accountability for the economical use of resources. The philosophy upon which the Audit Office was created was one based on small government where a minimalist role for the audit function was envisaged. Accordingly, the initial Audit Act dictated a detailed audit methodology. However, the expansion of Commonwealth activities due to the outbreak of the First World War, the realities of a decentralised Commonwealth administration and the more commercial activities of government created numerous problems for both the Office and government. The Auditor-General was unable, or unwilling, to adapt his audit methodologies to suit the changing circumstances of Australian public administration and the workload of the Audit Office periodically fell into backlog. Relations with the executive became strained over these matters prompting intervention by subsequent governments. This early period is important historically as it provides a window through which to view the development of the public sector audit function and its contribution to an efficient public sector. In addition, the events of this period illustrate the importance of relations between the Audit Office and the government, and the role of the Auditor-General in contributing to an efficient public administration.