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1. Regulatory Impact Statement: Legal Aid Eligibility [pdf, 82 KB]

   1 Regulatory Impact Statement: Legal Aid Eligibility Agency Disclosure Statement This Regulatory Impact Statement (RIS) has been prepared by the Ministry of Justice. Legal aid promotes access to justice by providing legal services to people without the financial means to pay for a lawyer’s assistance. The RIS provides an analysis of options to increase the number of people who receive civil and family legal aid by amending eligibility criteria set in regulation. A RIS is requir...

2. [2015] NZEmpC 25 PRI Flight Catering Ltd v Saha [pdf, 117 KB]

   ...It directed that costs should lie where they fell, that is that all parties should meet their own costs of legal representation without contribution from others. [5] That determination was challenged on 28 November 2014 and the plaintiffs’ statement of claim was served on the defendant in early December 2014. The period during which the defendant was entitled to file a statement of defence expired in mid-January 2015. [6] The issues for determination by the Court on the challen...

3. [2023] NZEmpC 189 Pretorius v Board of Trustees of Taupo Intermediate School [pdf, 285 KB]

   ...were), such claims would have been anticipatory because the action or dismissal had not at that point occurred.1 [2] The Authority found that the first communication raising a personal grievance was the service copy of Ms Pretorius’s statement of problem, which was provided to the School on 27 May 2022. Because Ms Pretorius’s employment had ended on 31 January 2021, the raising of her grievance was outside the 90-day time limit. It therefore found that she did not r...

4. SN v EH [2024] NZDT 763 (13 November 2024) [pdf, 253 KB]

   ...sale may expressed to be made on an ‘as is where is’ basis, that does not disentitle a buyer to seek relief for a misrepresentation under s35(1)(a) of the CCLA if a misrepresentation can be proved. 9. A representation is broadly defined as a statement of fact made by one contracting party to another, prior to the contract, regarding some existing fact or past event. The Courts have said that a promise as to the future will not be a misrepresentation. The Courts have also said that...

5. Epiha v Peihopa - Kaikou H (2025) 293 Taitokerau MB 225 (293 TTK 225) [pdf, 249 KB]

   ...trust deed, when queried, Glen confirmed that he was aware of that obligation. [26] The Court also raised with Glen the requirement in the trust deed pursuant to clause 4.4, that trustees are to keep proper accounts and prepare annual financial statements. After some initial resistance Glen acknowledged that he had only recently become aware of the obligation to provide appropriate financial accounts and he acknowledged that since he had been chairperson of the Trust from 2019 at l...

6. White v Rodney District Council [pdf, 101 KB]

   ...[26] The claimants have now been advised by Mr Paul Ranum of Mallard Cooke Brown Limited (the claimants’ quantity survey expert) that the repair costs for the house will be $401,000.00. Page 9 THE CLAIM [27] The claimants filed a statement of claim with this Tribunal on 31 October 2007 setting down the following causes of action: Firstly, the claimants allege that the first respondent, Rodney District Council is liable for: (i) negligently issuing the building co...

7. National Standards Committee v Orlov [2013] NZLCDT 45 [pdf, 390 KB]

   ...defence of truth because, as we have already demonstrated, they are required to establish independently the accuracy of the fact which was the subject of the earlier finding. Section 50 simply reinforces that position. (Emphasis added) [67] While the statements on which the NSC seeks to rely were made in the course of a judgment, they are not “evidence of a judgment or a finding of fact” within the meaning of s 50(1), EA. The statements are therefore not covered by the ruling in...

8. [2021] NZEnvC 131 Wilson v Waikato Regional Council [pdf, 1.4 MB]

   ...and implement the WRCP’s related objectives and policies (s67, RMA). We discuss relevant objectives and policies later in this decision. However, our interpretation of this intended purpose of r 16.5.1 is further supported by the explanatory statement under r 16.5.1 entitled ‘Principal Reasons for Adopting’. It explains that r 16.5.1 provides for the establishment of ‘spat catching buoys and lines’ recognising that these can have adverse (including cumulative) effects....

9. ENVC Hearing 6Oct14 DM expert David Serjeant [pdf, 307 KB]

   ...objectives and policies, and that the previous District Plan (1996) is no longer relevant. I agree with her assessment in this regard. 79. Part 2 Resource Management Overview contains very high level objectives for all the Hauraki Gulf Islands. These statements refer to both the environment and the community of the Gulf. In describing the amenity values of the islands reference is made in Section 2.2.2 to the “small village character” of Waiheke, and also that “transport li...

10. Grants Handbook v4.85.pdf [pdf, 1.2 MB]

    Legal Aid Services Grants Handbook August 2024 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully excludes any and all liability of any kind to any person or entity that chooses to rely upon the information. Pu