Search Results

1. Strengthening the Criminal Justice System for Victims: Survey report [pdf, 1.2 MB]

   ...centre of the system, some survey respondents called for a switch from the adversarial system to an inquisitorial model. Some survey respondents said that the adversarial nature of the courts left victims feeling re-traumatised, often at the hands of defence counsel. To put victims at the centre, some survey respondents called for a system built on the values of respect and fairness; a system which supports them throughout the criminal justice process, and meets all their justice needs wh...

2. Survey on public attitudes towards the physical discipline of children [pdf, 449 KB]

   ...information 43 Appendix C: Research and sampling methodology 45 Appendix D: Sampling errors 49 Appendix E: Questionnaire 51 viii ix Tables Table 1.1 Demographic variables and respective groupings 4 Table 5.1 Percentage of people who agreed with the statement: There are certain circumstances when it is alright for a parent to smack a child 33 Table 5.2 Comparison of results (percentage) from 1993 and 2001 regarding acceptability of physically disciplining teenagers, by gender 34 T...

3. Speaking about cultural background at sentencing: section 16 of the Criminal Justice Act 1985 [pdf, 1.5 MB]

   ...be prepared and distributed widely. Other recommendations were: • that the Probation Service should adopt a standard practice of informing defendants and their families of the provision; • that the Court be advised in advance when a section 16 statement is to be made; • that the legal profession be instructed in the use and advantages of the section. 4 Jackson, Moana. The Mäori and the Criminal Justice System. A New Perspective: He...

4. [2010] NZEmpC 92 Industrial Services Ltd v Koning [pdf, 15 KB]

   ...interlocutory judgment decides whether the plaintiff should be entitled to proceed with its challenge by hearing de novo, that is of the entire matter that was determined by the Authority. [3] The determination recorded that ISL failed to lodge a statement in reply to Mr Koning’s personal grievance application that he was unjustifiably constructively dismissed. This was despite the Authority twice extending the time for ISL to do so. Neither did ISL seek leave to defend the appl...

5. [2015] NZEmpC 56 Dream High Ltd v Ji [pdf, 69 KB]

   ...responsibility to arrange service of the proceedings on the defendant as soon as possible. In one email dated 30 January 2015, Mr Lee said that he was sure that he had sent a copy of the proceedings to the defendant but no affidavit of service or statement of defence has ever been filed. At that stage, Mr Lee informed the Court that he had returned to Korea because of his father’s illness. 1 Ji v Dream High Ltd [2014] NZERA We...

6. 21 May 2018 Thames Coromandel PDP Biodiversity & Opoutere [pdf, 207 KB]

   ...Family Trust & Ward v Thames-Coromandel District Council Royal Forest and Bird Protection Society of New Zealand Incorporated v Thames-Coromandel District Council Waikato Regional Council v Thames-Coromandel District Council Environmental Defence Society Incorporated v Thames-Coromandel District Council Coromandel Property Owners Alliance Incorporated v Thames-Coromandel District Council Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the...

7. Regulatory Impact Statement a Stronger Response to Family Violence information sharing between court jurisdictions in domestic violence cases [pdf, 193 KB]

   Regulatory Impact Analysis: Regulatory Impact Statement - Overview of Required Information - Template | 1 Regulatory Impact Statement:    A  Stronger  Response  to  Family  Violence:  information  sharing   between  court  jurisdictions  in  domestic  violence  cases  Agency  Disclosure  Statement     1. This Regulatory Impact Statement has been prepared by the Ministry of Justice. It provides an  analysis of legislative options to improve ...

8. [2014] NZEmpC 76 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 52 KB]

   ...stage. Mr Bruce Stewart QC has appeared with Mr Nicholson this morning for the plaintiff, Mr Stewart being recently brought into the matter. He, having considered the proceedings, has indicated that the plaintiff wishes to file a third amended statement of claim. [2] This third amended statement of claim, which has been handed up in a draft or proposed draft form this morning, effectively discontinues the proceedings against the second defendant, Jacob Roest and the thir...

9. LCRO 148/2020 PV v GY (31 May 2021) [pdf, 269 KB]

   ...RS was charged with assault in a family relationship under s 194 of the Crimes Act 1961. Ms PV was assigned to represent Mr RS on the assault charge. [8] Ms CB did not wish to pursue charges against her partner. She declined to make a written statement. She made request of the Police for the charges to be withdrawn. [9] On 16 April 2019, Ms CB texted Ms PV. Ms PV says that she assumed that Mr RS had provided Ms CB with her contact details. [10] In that text, Ms CB said this: Hi...

10. D Ltd v QT Ltd [2021] NZDT 1468 (21 January 2021) [pdf, 234 KB]

    ...of non-liability for the sum of $20,125.00? (iii) Is D Ltd entitled to the legal costs claimed? Did Mr O make a misrepresentation to Mr N regarding the presence or absence of asbestos at the property? 9. A misrepresentation is a false statement of fact made by one party to the contract to the other party. Silence is generally not a misrepresentation unless there is a duty to speak. There may be a duty to speak when what is said is a half-truth which creates a misleading impr...