Search Results

1. Evaluation of Victim Support Services [pdf, 810 KB]

   ...user survey shows perceived positive outcomes and high levels of satisfaction were fairly uniform across different ethnic groups. Groups that reported particularly positive experiences were women, victims who had assistance writing a victim impact statement, and those whose cases had gone to court. Survey data also found statistically improved outcomes for those who received VAS funding. This included feeling less stressed, listened to and more in control, needs being met, positive...

2. Shepherd & Ors as Trustees of the Bell Shepherd Family Trust v Lay [pdf, 288 KB]

   CLAIM NO: 00939 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN MICHAEL DAVID SHEPHERD, FIONNA MOANA ANNE BELL and TODD WILLIAM HUNTER as Trustees of the Bell Shepherd Family Trust Claimants AND No First or Second Respondents AND STEPHEN BRIAN LAY Third Respondent AND JESSOP TOWNSEND LIMITED Fourth Respondent AND AUCKLAND CITY COUNCIL Fifth Respondent AND ARCHITECTURAL WATERPROOFING LIMITED (

3. CAC304 v Morris [2016] NZREADT 4 [pdf, 201 KB]

   ...under Rules 6.1, 6.2 and/or 6.4; and that Mr Morris must have been aware that, or at least the possibility that, the Rules might require 9 that he disclose these matters but he chose to proceed in the manner he did regardless. The Defence [43] At the outset, Mr Parmenter emphasised (as counsel) for the defendant, Mr Morris, that it is critical for the prosecution case that the lease to William Hughes Ltd was a sham. Mr Parmenter puts it that the relevant document has th...

4. [2022] NZACC 19 - McBryde v ACC (9 February 2022) [pdf, 453 KB]

   ...fracture of his L1 vertebra alone accounts for the clinical presentation of Mr McBryde between the end of 2003 to present. I am unable to exclude a thoracic disc herniation as the cause of his ongoing pain. I also believe I can provide this statement given that I treat multiple patients each week with back pain with and without underlying anatomical abnormality. Without imaging to exclude the thoracic spine as the cause of his symptoms I am unable to assume that his chronic pai...

5. [2023] NZEmpC 92 New Zealand Nurses Organisation Inc v Te Whatu Ora – Health New Zealand [pdf, 331 KB]

   ...there was no reason to alter it, as the underlying basis for it remained unchanged. I will return to this response later. [30] The second point developed by Mr Harrison was that when the unions lodged a pay equity claim, and Te Whatu Ora filed a defence to that, the parties effectively confirmed they were now in litigation rather than in a settlement mode. He said that when considering whether the privilege should be upheld, historic documents relating to the development and con...

6. Three-strikes-document-release_Combined_FINAL.pdf [pdf, 2.1 MB]

   ...(b) Defendants facing second and potentially third strike offences are likely to plead not guilty and contest every possible avenue in order to avoid or delay a potential conviction. This will create extra pressure on the courts, on prosecution and defence resources and unnecessary stress on complainants and witnesses. (c) Defendants who have pled guilty to a strike offence and are awaiting sentencing are likely, if they have prior warnings, to seek to withdraw those guilty pleas under se...

7. Putman v Jenmark Homes Ltd [pdf, 230 KB]

   ...by the building certifier of the building certifier's statutory function in issuing a Building Certificate or a Code Compliance Certificate are to be brought in tort and not in contract." And section 91(3) in referring to limitation defences also refers to: 00026 Determination 30 "Civil proceedings … brought against … a building certifier" in respect of "… the date of issue of the consent or certificate or determination". 7.4. The requ...

8. LCRO 40/2023 DG v [Area] Standards Committee [X] (13 March 2024) [pdf, 497 KB]

   ...s 241(c); or (c) unsatisfactory conduct pursuant to ss 12(a), (b) or (c) and s 241(b), i.e. unsatisfactory conduct that is not so gross, wilful, or reckless as to amount to misconduct. [45] On the information available to the Committee, the statements about the factual background made in the charge particulars appear to be uncontentious apart from paragraph 8, which states as follows: In defending the proceedings, the practitioner has disclosed information acquired in the course...

9. [2015] NZEmpC 200 South Pacific Meats Ltd v NZ Meat Workers & Related Trades Union Inc [pdf, 177 KB]

   ...day after the date of the employer’s decision, give reasons in writing for that decision to the union. [19] Also relevant are ss 22-23 which deal with when access to workplaces may be denied. Those circumstances (relating to the security or defence of New Zealand or to the investigation or detection of offences under s 22, or religious grounds under s 23) are not in issue in this case. However, the fact of Parliament having legislated expressly and specifically for exemptions...

10. [2017] NZEmpC 157 Johnston v The Fletcher Construction Co Ltd [pdf, 375 KB]

    ...on the ground that it constitutes an abuse of process. [15] The application was ambitious. It centred on a submission that at least four of the questions of law identified by the applicant in his application had not been part of his statement of problem in the Authority, or his application for removal under s 178(1), and could not now be considered by the Court. The argument hinged on the wording of s 178(3), which the respondent submitted meant that the Court’s power to...