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IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 174 ACR 226/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN PAUL CROCKFORD Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 26 August 2021 Heard at: Via telephone conference Appearances: Mr M Darke, advocate for the appellant Mr I Hunt for the res...
...is available at www.justice.govt.nz/courts/going-to-court/legal-aid/ Criminal grants Legal aid may be granted in respect of the following criminal matters: (a) criminal proceedings in the District Court, the Youth Court, the High Court, the Court of Appeal, or the Supreme Court: (b) appeals to the Judicial Committee of the Privy Council in criminal proceedings, where the Attorney-General certifies that a question of law of exceptional public importance is involved and that the grant of crimina...
IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 001 ACR 256/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN ELIZABETH NAMANA aka IRIHAPETI KING Appellant AND ACCIDENT COMPENSATION CORPORATION First Respondent AND ISS FACILITY SERVICES Second Respondent Hearing: 13 December 2021 Held at: Auckland/Tāmaki Makaurau...
...a teenage co-worker who worked with Mr Keighran at the Tavern. The incident led to Police involvement. Mr Keighran was subsequently charged with indecent assault and he was convicted sometime later, well after his employment came to an end (an appeal against conviction has not yet been determined). [6] The complainant (who I will refer to as Ms A) talked to her manager following the incident. The manager raised the issue with Mrs McLean-Woods. In the meantime, members of Ms A...
...prominent. Jury trial elections affect category 3 cases, most of which are heard in the District Court. If the number of jury trials in the system is reduced, resulting in an increase in the number of JATs, we expect there will be an increase in appeals heard by the High Court (appeal court for JATs), but a lower number of appeals being heard in the Court of Appeal and Supreme Court (appeal courts for jury trials). The impact of the options in this paper on the senior courts (High Cou...
...claimed privilege over a number of documents; b Litigation privilege lapses upon the conclusion of the proceeding in question, which means that the defendant cannot claim litigation privilege in respect of documents in the High Court, Court of Appeal, and Supreme Court proceedings between PRI and LSG (refer LSG Sky Chefs New Zealand Ltd v Pacific Flight Catering Ltd & Anor [2014] NZSC 1528). The plaintiff claims that documents that detail the defendant's approach to th...
...rights of action and liabilities which are personal to the bankrupt, such as defamation and assault, do not vest in the assignees. 20 [31] A yet more recent example of this principle is found in Cork v Rawlins where the English Court of Appeal considered sums paid under two assurance policies effected by Mr Rawlins with Abbey Life Assurance Co Ltd before he became bankrupt. 21 The issue was whether a Whole of Life Policy which provided for earlier payment on receipt of pr...
...constituted under this Part of this Act the Court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. [19] The application of s 222(2) of the Act was considered by the Court of Appeal in Clarke v Karaitiana: 11 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of the individual concerned. In considering those issues,...
...decision to the High Court. In her judgment. delivered on 6 July 2016, her Honour Justice Clark dismissed NZALPA's concerns, and held that the Director's decision and the process leading to that decision was lawful. On 28 July 2016, NZALPA appealed the High Court Decision to the Court of Appeal. In their judgment delivered on 28 February 2017, the Court of Appeal set aside the Director's decision, and ordered that it be reconsidered. In particular, the Court of Appeal s...
...election and requesting a hearing. Deputy Chief Judge Isaac dismissed that application on 29 October 2001 on the grounds that sections 44 and 45 of the Act relate to corrections of errors in orders and that no final order had been made from which an appeal was possible, at 2001 CJMB 200-202. He then suggested that further directions should be sought setting out a timetable to conclude all applications then extant. Minute Book: 123 AOT 163 CASE LAW Maori Reservations In a decision...