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1. Canterbury Westland Standards Committee v Eichelbaum [2014] NZLCDT 68 [pdf, 189 KB]

   ...$400,000 allocated in the funds (which amount was for Mr Eichelbaum’s attendances) to be sought from a future underwriter of the litigation. Mr Eichelbaum was formally instructed by an Auckland firm on [redacted] 2009 to represent Mr Z on an appeal to be argued in the Court of Appeal later that month (but on the basis that they were not responsible for Mr Eichelbaum’s fees). [8] In relation to the litigation funding, it was agreed later that month that a further 10% of the J....

2. [2018] NZEmpC 69 A Labour Inspector v Sampan Restaurant Ltd [pdf, 343 KB]

   ...questions posed by the Authority aim to establish the principles the Authority (or Court) should apply when exercising its discretion to impose penalties. These are questions of law. For example, in Grace Team Accounting Ltd v Brake, leave to appeal to the Court of Appeal was 1 (Footnotes omitted). granted on (relevantly) the following question of law “Did the Employment Court apply the correct principles when exercising...

3. Induction guide for legal aid providers - v1.2 January 2017 [pdf, 659 KB]

   ...split into 4 approval levels (Criminal PAL 1-4) depending on the seriousness of the charge. Criminal legal aid may be available for a person: • charged with an offence that could result in them being sent to prison for 6 months or more • appealing their conviction or sentence. Criminal legal aid is less likely to be available for minor charges unless there are special circumstances such as difficulties with language, reading or writing, mental illness, or the interests of justi...

4. [2022] NZEnvC 234 Paterson Pitts Limited Partnership v Dunedin City Council [pdf, 18 MB]

   ...and amendments (the new heritage provisions) which includes changes to the pre­ existing strategic directions and heritage provisions not otherwise touched by the variation. [4] Paterson Pitts Limited Partnership ('Paterson Pitts') appealed the decision on several grounds, the first of which is scope. The gravamen of the appellant's complaint is that the submission supporting the changes made by the Panel was not on the variation and was therefore unlawful. The appe...

5. [2021] NZACC 132 - Pivac v ACC (17 August 2021) [pdf, 465 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 132 ACR 3/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN DION PIVAC Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 21 July 2021 Heard at: Christchurch/Otautahi Appearances: Mr Pivac on his own behalf Mr C Light for the respondent Judgment: 17...

6. [2021] NZACC 21 - Pentecost v ACC (28 January 2021) [pdf, 231 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 21 ACR 179/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN CONRAD PENTECOST Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 14 October 2020 Heard at: Auckland/Tāmaki Makaurau Appearances: Appellant self represented G Fraser for the respondent...

7. LCRO 88/2018 MC v OT (24 December 2018) [pdf, 225 KB]

   ...request. [37] Any request is considered by the Review Officer, with careful regard to the strict confidentiality provisions which apply to review hearings. 7 [38] A recent decision of the Supreme Court considered an application for leave to appeal a decision of the Court of Appeal which had declined a request by an applicant in proceedings before that court for release of a transcript of a hearing.1 [39] The decision provides useful guidance as to the approach the Courts have...

8. v2.3-Induction-guide-for-legal-aid-providers-April-2017.pdf [pdf, 714 KB]

   ...split into 4 approval levels (Criminal PAL 1-4) depending on the seriousness of the charge. Criminal legal aid may be available for a person: • charged with an offence that could result in them being sent to prison for 6 months or more • appealing their conviction or sentence. Criminal legal aid is less likely to be available for minor charges unless there are special circumstances such as difficulties with language, reading or writing, mental illness, or the interests of justi...

9. LCRO 153/2022 YA v CK (16 July 2024) [pdf, 234 KB]

   ...Scope of review [2] It is important to establish the scope of this review at the outset of this decision. [3] The High Court has described a review by this Office in the following way:1 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It involv...

10. Hartley v Accident Compensation Corporation (Claim for cost of treatment) [2023] NZACC 200 [pdf, 264 KB]

    IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 200 ACR 146/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN SHANNON HARTLEY Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 1 December 2023 Held at: Wellington/Whanganui-a-tara by AVL Appearances: B Hinchcliff for the Appellant F Becroft for the Accident C...