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1. Mr-Rasheeds-Submissions-Appendix-I-Appendix-II.pdf [pdf, 334 KB]

   APPENDIX I: TABLE OF LIVE ISSUES N o. Issue Proposed category Why further matters beyond the RC process and report must be considered to complete the inquiry: 1 APPENDIX I: TABLE OF LIVE ISSUES 2 How was the terrorist radicalised and how can this be prevented in the future? Outside the scope of the Inquiry (considered by the RCOI). The RC failed to address this point as it did not have clear directive mandate and appropriate resources to examine the individual�

2. Regulatory Impact Statement Addressing child pornography and related offending [pdf, 236 KB]

   ...requires a number of factors to be taken into account by the sentencing judge. The maximum penalty for the offence is only one of these factors. Sufficiency of evidence, sentence negotiation, quality of sentencing submissions and early guilty pleas all affect the sentencing outcome because child pornography publications form a subset of other publications that are considered objectionable, it is not always possible to obtain specific statistics on child pornography prosecutions....

3. [2014] NZEmpC 97 S v L Ltd [pdf, 129 KB]

   ...charges are laid against you and the nature of these charges.  Court dates and times including those that you will need to make an appearance.  Any changes in your approach to the charge (or any additional charges) including any change of plea.  The date(s) of any trial should the charge proceed to a full hearing and the final outcome when it is known to you. [13] L Limited then proposed a return to work two days later if the foregoing conditions were acceptable to S,...

4. Reid v ACC [2015] NZACA 11 [pdf, 65 KB]

   ...serious injury and disability, has exhibited a fierce determination to get on with life and be as independent as he could possibly achieve. It is apparent that he did so with inadequate assistance from the Corporation for many years. Dr Haywood’s plea to the Corporation was for greater assistance with home help and aids of various types, but not for attendant care as such. Conclusion [65] I conclude that the Corporation’s decision declining attendant care was correct. Most of th...

5. CK v Auckland Standards Committee LCRO 63 / 2011 (11 October 2013) [pdf, 130 KB]

   ...that could be expected of a reasonably competent lawyer; the other was a breach of duty to the Court. [35] The background circumstances were that the Practitioner’s client, EA, sought an appeal on the ground that he had entered a ‘guilty’ plea on the basis of a sentencing indication for all offences of [number] years, and that the Court had imposed a [number] year sentence, plus [number] for an additional offence. [36] Notwithstanding the Court of Appeal’s criticism, the...

6. [2018] NZEmpC 100 Elisara v Allianz NZ Ltd [pdf, 303 KB]

   ...4 Guardian Royal Exchange Assurance of New Zealand v Stuart [1985] 1 NZLR 596 at 607 (CA). 5 Regulation 45. 6 Regulation 46. [17] One of the cornerstones of the defendant’s argument as to disclosure relates to relevance. The pleadings provide the framework for assessing relevance; and relevance itself is defined in speculative (“may support”) rather than definitive (“must support”) terms. There are limits, and the concept of relevance cannot be extended b...

7. BORA Court Matters Bill [pdf, 194 KB]

   ...Turning to the trial of different charges together, the Bill contains a new provision that changes the point in time after which the prosecution must seek leave to join charges together (or charges against one or more defendants), from the point of plea to the date of the case review hearing (cl 32). This makes it easier for the prosecution to join charges together at a later point in time. The Court retains the ability to sever charges if it is in the interests of justice to do so. Give...

8. Langston v Accident Compensation Corporation (Claims process) [2024] NZACC 93 (30 May 2024) [pdf, 214 KB]

   ...been adjudicated. The concept of res judicata is often applied to both cause of action estoppel and issue estoppel. Traditionally its use was confined to the former. Cause of action estoppel is different from issue estoppel which can arise where a plea of res judicata in the strict sense is not open because the causes of action are not the same: see 16 Halsbury’s Laws of England (4th ed, reissue) (Estoppel) at para 977. Cause of action estoppel is more precise than issue estoppel....

9. 2017 archive

   ...health applications for legal aid. The new form is available in editable PDF and can be ordered in print. Any applications received on the old family and civil application forms will be rejected. If you have any issues with accessing the new form, please let us know Section 26 Parole Act applications 5 December 2017 - after considering feedback from legal aid providers, we have reviewed the policy relating to applications made under s. 26 of the Parole Act.  As you may be aware, under...

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10. Glossary

    ...court case such as the applicants, appellants, respondents, defendants (who are generally called “parties”). perjury A crime in which a person knowingly makes a false statement while under oath. plaintiff The party making a claim in a civil case. plea A criminal defendant's answer to a charge. The defendant can plead guilty or not guilty. practice note Guidelines issued by courts for the procedures that must be followed in court – for example, the time limits for filing evidence with...

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