Search Results

1. Legal Aid Practice note - November 2022 [pdf, 389 KB]

   ...and filing it with the Tribunal. CONDUCTING THE REVIEW Reviews on the papers 37. The Chair assigns each application to a Tribunal Member who will conduct the review and issue a decision. Tribunal Members are independent Judicial Officers. To protect that independence, parties should not contact Members. Any material to be put before a Member must be filed with the Tribunal and will be shared with the other party to the application. 38. The Tribunal conducts reviews on the pape...

2. LAT - Practice note - 2022 [pdf, 270 KB]

   ...and filing it with the Tribunal. CONDUCTING THE REVIEW Reviews on the papers 37. The Chair assigns each application to a Tribunal Member who will conduct the review and issue a decision. Tribunal Members are independent Judicial Officers. To protect that independence, parties should not contact Members. Any material to be put before a Member must be filed with the Tribunal and will be shared with the other party to the application. 38. The Tribunal conducts reviews on the pape...

3. Auckland Standards Committee 2 v Devoy [2024] NZLCDT 22 (1 August 2024) [pdf, 101 KB]

   ...of her unwellness, some compounding personal challenges, and her consequent inability to “front up” to her professional duties or to take steps to obtain adequate help. Harsh though it may seem, we do not excuse these defaults. Our duty to protect the public requires us to take an adamant line. Unwellness can affect any lawyer at any time. Our message to the public and the profession is that, where unwellness intrudes, the professional obligation to obtain help, transfer work...

4. HD v MN [2023] NZDT 491 (20 October 2023) [pdf, 186 KB]

   ...after not paying any further repayments, for about a year until April 2023, and being aware HD knew about their financial struggles, he believed HD was no longer pursuing the loan repayments. Further, MN said DD told him the loan was being taken care of in their relationship property division and she forgave MN and LD what she considered to be her share of the loan repayments. Thus, MN said that, as communication had broken down between the parties with the challenging family situatio...

5. DN v Accident Compensation Corporation (Jurisdiction) [2023] NZACC 75 [pdf, 164 KB]

   ...mitigate this harm by adopting an interpretation … that was unsupported by its [the Accident Compensation Act 2001] language and purpose. 1 Accident Compensation Corporation v Algie [2016] NZCA 20 at [28] 2 At [38]. [39] Having listened carefully to what the appellant has put before the Court, I can only agree that from his perspective the harm done to him has not been adequately remedied. [40] As I endeavoured to explain to the appellant at the hearing, I have no power to st...

6. [2024] NZEnvC 031 Friends of Conical Hill Inc v Hurunui District Council [pdf, 229 KB]

   ...satisfied that the orders were necessary to protect the location of significant habitat for threatened and at risk indigenous species, and that this outweighed the need for an open hearing. [9] I have therefore considered this media application carefully within that context, weighing the desirability of open justice and the important role the media plays in that against the need to ensure that the confidentiality orders are upheld. [10] In this instance and given that the confiden...

7. DN v Accident Compensation Corporation (Jurisdiction) [2023] NZACC 75 [pdf, 164 KB]

   ...mitigate this harm by adopting an interpretation … that was unsupported by its [the Accident Compensation Act 2001] language and purpose. 1 Accident Compensation Corporation v Algie [2016] NZCA 20 at [28] 2 At [38]. [39] Having listened carefully to what the appellant has put before the Court, I can only agree that from his perspective the harm done to him has not been adequately remedied. [40] As I endeavoured to explain to the appellant at the hearing, I have no power to st...

8. [2021] NZEnvC 036 Wood & Henton v Auckland Council [pdf, 9.8 MB]

   ...(SSESCP) - Condition 35; e. Chemical Treatment Management Plan (CHTMP) (if required in accordance with Condition 62) - Condition 60; f. Historic Heritage Management Plan (HHMP) (if required in accordance with condition 48) - Condition 46; g. Tree Protection Management Plan (TPMP) - Condition 38; and h. Ecological Management Plan (EMP) (incorporating relevant Fauna Management Plans) - Condition 41; i. Avifauna Management Plan - Condition 44. Advice Note - Management Plans: 1. Ce...

9. RIS Reforms to CPRA to better target illicit assets [pdf, 327 KB]

   ...dollars in suspected illicit assets, including the proceeds derived from illicit drug activities, corruption, foreign fraud and tax crime, and international money laundering. Addressing these problems carries a risk of undermining due process protections. This could infringe the ability of respondents to protect their assets from restraint and forfeiture when they come from a legitimate source. The policy proposals are intended to mitigate the problems that produce negative crim...

10. [2007] NZEmpC AC 13/07 Red Beach School Board of Trustees & Ors v New Zealand Education Institute (Inc) [pdf, 135 KB]

    ...it was clear to me from the evidence that there is a mutually respectful, cooperative and supportive relationship between the teachers and the teacher aides. It was equally apparent that these people display an admirable level of commitment to caring for and educating the special needs children. All of the teacher aides who gave evidence said that they greatly enjoyed their work. The special needs children at Red Beach School [24] I was given a great deal of evidence abo...