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1. AU v Accident Compensation Corporation (Impairment Assessment) [2023] NZACC 182 [pdf, 419 KB]

   NOTE: PUBLICATION OF NAME AND OCCUPATION OF APPELLANT PROHIBITED BY S 160 OF THE ACCIDENT COMPENSATION ACT 2001 SEE Minute 19 March 2024 at end of judgment IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 182 ACR 257/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN AU Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 10 May 2023

2. Case studies from evaluation of court-referred restorative justice pilot [pdf, 791 KB]

   ...he looked at his son and tears came to his eyes. ‘I try not to show them.’ As a boy, Tane said he had been abused, and his grandmother subsequently brought him up. He had done things wrong, but nothing like this. That was why he was ‘extra protective’ of his children. ‘I’ve never done anything wrong to them and have done the best I can for them.’ Thirdly, the conference gave them another way of dealing with the situation they found themselves in. Leading up to it, there...

3. Waitangi Tribunal theme C - Customary land tenure [pdf, 1.2 MB]

   ...extinguished through sale to the Crown. Maori title to the soil and the sovereignty of New Zealand had in fact already been given a qualified recognition in 1835 when the Colonial Office acknowledged the Declaration of Independence and assured Maori the protection of the British Crown, so far as was consistent with the rights of others. The problem facing the Crown from that time on was to establish just what constituted customary Maori tenure.1 Fifty years later the problem remained: ‘Maori...

4. DV, RL, YS and TB v AR LCRO 316/2013 [pdf, 228 KB]

   DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] The applicants have applied for a review of a decision of the [City] Standards Committee [X] in which the Committee determined to take no further action in respect to their complaints against Mr AW. Background [2] In November 2005, Mr AW received instructions to act for eight shareholders of the DEF Ltd. [3] DEF Ltd, a company formally register

5. CAC 20007 v Marshall [2013] NZREADT 101 [pdf, 145 KB]

   ...us. [22] On 27 March 2013 the company terminated the defendant’s employment. [23] On 28 March 2013 the defendant met Mr Niles at the Timaru office and returned the keys for the company car and for the four Property Brokers offices under his care. He asked how much money Mr Niles thought was involved and was advised that, at that point, enquiries indicated the defendant owed the company between $5,000 and $6,000. It remains to be seen if the company is insured for the loss. The d...

6. PD v SC LCRO 75/2015 (30 November 2015) [pdf, 163 KB]

   ...issues arising from the Committee’s decision to commence an own motion inquiry. Background [2] The Complaints Service resolved, after receiving a confidential report under 2.8 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules), to initiate an own motion inquiry into matters involving Mr PD. [3] On the 13 March 2015, the Complaints Service advised Mr PD that: (a) A Standards Committee had concluded that it had jurisdiction to inquire...

7. LCRO 55/2020 MY v KA (5 October 2020) [pdf, 182 KB]

   ...year to respond to Mr KA’s request to correct the spelling of his wife’s name. It held that this was inconsistent with his obligation to act in a timely manner, pursuant to r 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). It said the following: The Committee had …sought to resolve the issue in its correspondence with Mr MY, as there was a very simple remedy for Mr MY to implement. In the Committee’s view Mr MY failed to re...

8. M Ltd v KC [2023] NZDT 26 (2 February 2023) [pdf, 145 KB]

   ...photographs provided of each item in the catalogues, were misleading because he believed the items to be silver when they were not and, instead, they are forgeries. He says that the various fake items are sophisticated forgeries and that the coins are in protective cases which make them appear genuine. 21. However, XT says that the FTA does not place a duty on an auctioneer/auction house to authenticate the goods it auctions, and that M Ltd has not misled or deceived KC the auction ca...

9. [2023] NZEmpC 170 FGH v RST [pdf, 283 KB]

   ...this matter, to award the costs payment would raise an access to justice issue, and would be oppressive having regard to her financial circumstances and the fact she is now a mother in uncertain circumstances. [25] Each of these issues requires careful consideration by the Court. Legal principles [26] The Court’s power to award costs is discretionary, as set out in cl 19 of sch 3 to the Employment Relations Act 2000 (the Act). Regulation 68 of the Regulations provides that in e...

10. Tank Trust v Auckland Council & Anor [2013] NZWHT Auckland 15 [pdf, 237 KB]

    ...property is required as an alternative rental in order to provide equivalent alternative Page | 11 accommodation to their current dwelling. Mr Rainey argued that the Council had not explained how the claimants’ household effects could be protected and made safe if they remained in their current dwelling while it is repaired. However the Council is not arguing that all of the household goods should remain on site; it is suggesting that they can be accommodated in the ren...