Search Results

1. Hutana - Estate of Te Whe Ariki Hutana (2019) 53 Te Waipounamu MB 97 (53 TWP 97) [pdf, 329 KB]

   ...argument in this application has been significantly narrowed through the course of the hearings with the assistance of legal counsel. The sole issue remaining for determination is the issue of interpretation of the will. 53 Te Waipounamu MB 101 [11] Counsel acting for the trustee of the estate confirms she does not dispute cl 4 of the will which deals with specific bequests. The clauses that remain at issue are cl 5.1(b) which deals with the residuary estate, and cl 7.2 whi...

2. [2021] NZACC 6 - MacDonald v ACC (12 January 2021) [pdf, 198 KB]

   ...appellant’s pain and depression, he has fallen short. [100] Ultimately, I conclude in this case that the steps taken by the Corporation have been reasonable and appropriate ones and that vocational independence has been satisfactorily established. [101] It of course remains open to the appellant to seek further treatment for his covered injuries whether by way of psychological assistance, medication or otherwise. [102] However, I find on the balance of probabilities that t...

3. LCRO 103/2020 ZA - Application for review of a prosecutorial decision (24 August 2020) [pdf, 212 KB]

   ...abuse of process. [100] I am satisfied that argument cannot be sustained that Mr ZA had suffered an abuse of process. Did Mr Hesketh’s decision of 8 January 2020 consider, as a conduct matter, issues arising from Mr ZA’s WhatsApp message? [101] No. [102] It is clear from a reading of Mr Hesketh’s decision that the question as to whether Mr ZA’s WhatsApp message raised conduct issues played no part in his deliberations. [103] His decision focuses on the concerns that we...

4. Justice Sector seriousness score (2016 update): FAQs [pdf, 585 KB]

   ...to $5000 by day 318 380 422 4122 Take/obtain/use doc for pecuniary advantage 221 246 282 4571 Assault person with stabbing/cutting weapon 227 185 177 1492 Unlawfully takes motor vehicles (motor cars/trucks etc) 177 167 170 4211 Computer fraud 101 100 0 4572 Drove while disqualified 3rd or subsequent 77 94 93 L230 Common assault (Crimes Act) manually 32 30 22 1593 Theft (under $500) 25 23 17 4373 Driving while disqualified 12 13 6 L201 Breach of community work 11 12 8 9298 D...

5. Land Transport (Drug Driving) Amendment Bill [pdf, 202 KB]

   ...per 100 millilitres of blood. 4 Hon David Parker Report of the Attorney-General under the New Zealand Bill of Rights Act 1990 on the Land Transport (Random Oral Fluid Testing) Amendment Bill (12 May 2018). 5 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 6 At [161]. 7 Cropp v Judicial Committee [2008] 3 NZLR 744 at [33]; Hamed v R [2012] 2 NZLR 305 at [162]. 4 WELLINGTON, NEW ZEALAND Published by Order of the House of Representatives -...

6. [2020] NZIACDT 43 - KX v Ji (5 October 2020) [pdf, 229 KB]

   ...[2017] NZHC 376 at [93]. 5 Section 50. 6 Section 51(1). 7 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citation omitted). 8 Z v Dental Complaints Assessment Committee, above n 7, at [97], [101]–[102] & [112]. 10 … e. obtain and carry out the informed lawful instructions of the client, and … File management 26. A licensed immigration adviser must: … b. confirm in writing to the client when application...

7. TI(G)M v Hanning [2020] NZIACDT 1 (9 January 2020) [pdf, 138 KB]

   ...5 Section 51(1). 6 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citation omitted). 7 Z v Dental Complaints Assessment Committee, above n 6, at [97], [101]–[102] & [112]. 11 (2) Alternatively, failing to verify that the complainant’s employment history and employment agreement met the visa requirements before filing the application and failing to address Immigration New Zealand

8. LCRO 111/2019 GH v SV (12 December 2019) [pdf, 117 KB]

   ...or direction given. [100] It would provide fertile opportunity for parties to overburden the LCRO with a prolific raft of applications, if a Committee’s day to day administrative decisions were able to be the subject of review to the LCRO. [101] I am uncertain as to why the Committee failed to disclose the names of the Committee members, but in my view, requests to identify the lawyers who sat on a particular Committee, are properly directed to the Complaints Service. I have obse...

9. Chief Coroners Annual Report 2018-2019 [pdf, 1.6 MB]

   ...Rate per 100,000 people Year Asian Māori Pacific European and Other Number Rate* Number Rate* Number Rate* Number Rate* 2008-2009 10 2.82 95 16.81 26 9.81 400 13.00 2009-2010 22 6.21 105 18.58 31 11.69 383 12.45 2010-2011 19 5.36 101 17.87 22 8.30 416 13.52 2011-2012 19 5.36 132 23.34 31 11.69 365 11.24 2012-2013 28 7.90 105 18.58 24 9.05 384 12.48 2013-2014 22 4.67 108 18.06 26 8.81 373 12.96 2014-2015 16 3.40 130 21.74 27 9.15 391 13.58 2015-2016 39 8.28 129 21.5...

10. LCRO 221/2016 FN v SB (10 December 2019) [pdf, 130 KB]

    ...it was under the fact the landlord was paying for this”. [100] Ms FN’s fee complaint is inextricably tied to her concern that initial work done was of minimal use to her. That was unfortunate but no blame can rest at Mr SB’s door. [101] I see no grounds which could persuade me to depart from the Committee’s decision to take no further action on the complaint, but for completeness, I record, for the reasons set out above, that I do not consider that the complaint made by...