Search Results

1. Hohepa v Banks - Waima C30A [2019] Māori Appellate Court MB 629 (2019 APPEAL 629) [pdf, 442 KB]

   ...determination of the tenancy”.12 6 Stephen Todd (gen ed) Todd on Tort (8th ed Thomson Reuters, Wellington 2019. 7 At 9.2.02. 8 At 9.2.02, footnote 6. 9 Ellis and Loftus Iron Co (1874) LR 10 CP 10 (Comm Pleas) at 12. 10 See for example Cousins v Wilson [1994] 1 NZLR 463 (HC) ($25 awarded); Dehn v Attorney-General [1988] 2 NZLR 564 (HC) ($1 awarded); Zondag v Zondag HC Hamilton CIV-2003-419-328, 19 June 2007 ($1 awarded); Ogle v Aitken...

2. Impact of S24A of the Sentencing Act on Reoffending [pdf, 289 KB]

   ...courts are proactive in promoting restorative justice. 10. The amendment introduced a requirement that all eligible cases be adjourned to consider whether restorative justice would be appropriate prior to sentencing. The criteria include a guilty plea, at least one identifiable victim, restorative justice has not been used before in that case, the case is before the District Court, and the registrar informs the court that an appropriate restorative justice process can be accessed. 11...

3. LCRO 118/2018 VT v MQ (18 March 2020) [pdf, 157 KB]

   ...of your matter we will keep your file for at least seven years from completion and thereafter we will destroy it. You are welcome to uplift the information on your file to which you are entitled, provided that all fees and costs have been paid. Please give us reasonable notice before collecting your file should you wish to do so. [8] Also, on 14 October 2015, Ms MQ visited the property and met with Mr VT and Mr RH. [9] On 19 October 2015, Mr RH sent Ms MQ the following email: Hi...

4. LCRO 181/2017 FW and KP v BG (31 October 2019) [pdf, 173 KB]

   ...copyright issue, namely, use of the NZIA form which is reserved to NZIA Practices, with the functions or tasks of the person appointed to the role of architect described in the NZIA form. [84] In its statement of claim, the contractor included the plea, in effect, that because [Firm B] was not a NZIA Practice, its appointment as successor architect was invalid. Therefore, because there was no architect appointed, no payment schedule had been issued. In other words, the “paymen...

5. X v Secretary for Justice [2023] NZRA 002 (26 April 2023) [pdf, 242 KB]

   ...of these cases, the Secretary acknowledged that the Applicant had undertaken all or most of the pre-trial work and trial work. In the third case, the Applicant undertook all the work, but the matter was resolved just before trial with a guilty plea to a lower charge. [26] The fourth case example referred to by Mr Hurd was a murder trial (PAL 4) in which the Applicant had appeared as junior counsel. Mr Hurd acknowledged that the Applicant had cross-examined some Crown witnesses...

6. [2024] NZEnvC 072 McCallum Bros Limited v Manuhiri Kaitiaki Charitable Trust [pdf, 7.2 MB]

   ...taonga. It is consistent with the evidence of other tangata whenua parties (including Pākiri G) as to highly relevant effects that are not related to trade competition. [14] Furthermore, MKCT say the McCallum Bros application has been poorly pleaded and does not clearly identify the relevant grounds, lacks an appropriate evidential basis, has no merit, does not meet the high threshold for strikeout, and has been made at a very late stage. They also say the strikeout of MKCT wou...

7. Ngati Paoa (2009) 141 Waikato MB 271 (141 W 271) [pdf, 211 KB]

   ...satisfied that given the existence of the 12 October 2009 correspondence, the Ngāti Pāoa Whānau trustees were well aware of the pending hearing and that the final destination of the Railcorp settlement monies was at issue. [60] We find that the plea by the Whānau Trust to be allowed to retain the Railcorp settlement monies should fall on deaf ears. As we have stressed a number of times the decision of the Court in 1995 was an interim one only. There is nothing in the corresp...

8. Youth Court - Signed, sealed – (but not yet fully) delivered [pdf, 817 KB]

   1 “Signed, Sealed – (but not yet fully) Delivered” An analysis of the “revolutionary” 1989 legislative blueprint to address youth offending in New Zealand, particularly by young Māori, and a discussion as to the extent to which it has been fully realised. Paper to be delivered at the “Healing Courts, Healing Plans, Healing People: International Indigenous Therapeutic Jurisprudence Conference” by His Honour Judge Andrew Becroft1

9. OIA-102999.pdf [pdf, 2.9 MB]

   ...PDS lawyers rostered for PDS courts. My question asked for "How many providers are on each individual roster", which means that for a PDS supervised court, the count should include both PDS and non-PDS duty lawyers on that court roster. Please provide that information. 2. The duty lawyer question may just be that PDS lawyers don't need to have been approved as duty lawyers to act as duty lawyers at court. I say this because for courts where the PDS has a presence, the...

10. Decision-of-Coroner-B-Windley-as-to-Scope-of-Issues-for-Inquiry-28-4-22-signed.pdf [pdf, 1 MB]

    ...Terms of Reference). 7 firearms legislation and activity by entities or organisations outside the public sector, such as media platforms, were also expressly excluded.10 Information disclosure in prior processes [12] The guilty pleas meant there was no criminal trial.11 The acceptance of responsibility for criminal offending by way of a guilty plea might ordinarily be thought to be helpful to the immediate family of a victim in that it relieves them of the trauma the...