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1. Practice note: Family Court caseflow management [pdf, 1.6 MB]

   Family Court Caseflow Management Practice Note Family Court Caseflow Management Practice Note March 2011 i INTRODUCTION Many changes in family law have occurred since the first comprehensive Family Court Caseflow Management Practice Note was published in 1998. This revised Practice Note is designed to update that document in light of a number of legislative and practice changes that have taken place since that time. The Care of Children Act 2004 brough

2. OIA-113637.pdf [pdf, 6.3 MB]

   ...Transport parking and road safety penalties 18 June presumption of innocence Johnston Chhana Regulation affirmed ins 25(c) NZBORA. Policy Deputy Amendments Proposals for double demerit Manager Secretary - Updating points may need to be Human Policy fees and designed carefully to ensure Rights penalties they are a justified limit on this s9(2)(a) right. We will continue s9(2)(a) supporting Transport on human rights implications as they develop these proposals further. Housing G...

3. LCRO 43/2021 CAT Ltd v ZEN Lawyers Ltd (28 October 2021) [pdf, 217 KB]

   ...who pays for their travel insurance with a credit card gets these free policies. So, there must be hundreds of situations where this occurs, perhaps though people just don’t realise and usually claim under their corporate policy. 6. My gut feeling is that the answer is there is going to be double insurance and the only way to get around it would be to convince [Company C] that they should remove that clause from their policy so that the client can get the benefit of the policy he p...

4. Manuel v Waitakere City Council [pdf, 70 KB]

   ...Inc v O’Brien a claim was struck out as abuse of process even though the defendant was not a party to the previous litigation brought by the plaintiff. His conduct had been in issue in the earlier proceedings and the claim for “malicious civil proceedings” was “no more than the first defamation suit in a different garb”. [31] In the Waitakere District Court the counterclaim by the Manuels raised issues relating to defective building work from which weathertightness...

5. [2020] NZREADT 42 - Stone v The Real Estate Agents Authority (14 September 2020) [pdf, 356 KB]

   ...justice through the courts. The principle also rests upon the assumption that a fact-finder, whether a judge sitting alone or a jury, is likely to benefit from seeing and hearing witnesses give their evidence. [63] The same approach is followed in civil cases13. The burden of proof [64] There is an additional matter to be considered, though. As the High Court pointed out, the role of the Tribunal on an appeal against a discretionary decision not to prosecute was restricted t...

6. MFE-You-Mediation-and-the-Environment-Court.pdf [pdf, 673 KB]

   ...cannot force parties to enter into mediation: it is a voluntary process. Where the parties agree to mediation by an Environment Commissioner, the service is free. But you may wish to hire a private mediator instead, in which case you have to pay their fees and expenses (these costs can be shared between the parties). If you want a private mediator you should tell the Court as soon as possible. 06 YOU, MEDIATION AND THE ENVIRONMENT COUR T Any agreement reached in mediation is normally wri...

7. Justice Sector forecast 2012 to 2022 [pdf, 1.1 MB]

   JUSTICE SECTOR Justice Sector Forecast 2012-2022 28 September 2012 Justice Sector Forecast 2012-2022 Page 2 Table of contents 1. Executive Summary ........................................................................................................ 5 1.1. Overview .................................................................................................................................. 5 1.2. Summary of base

8. LCRO 175/2022 OP v VN (10 October 2023) [pdf, 315 KB]

   LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2023] NZLCRO 118 Ref: LCRO 175/2022 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a decision of the [Area] Standards Committee [X] BETWEEN OP Applicant AND VN Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Mr OP has applie

9. Regulatory Impact Statement December 2009 Legal Aid Review [pdf, 85 KB]

   ...Grants for the lowest tier of criminal legal aid comprise 63 percent of all grants and 89 percent of criminal grants. The scheme will align with changes proposed in the Criminal Procedure (Simplification) project, as greater use can be made of fixed fees to encourage an efficient progression of cases. Streamlining eligibility will reduce compliance costs as claimants using the scheme will provide a greatly reduced level of application information. It is proposed that the procurement age...

10. Penalty REAA CAC 20004 v Lindsay [2014] NZREADT 35 [pdf, 39 KB]

    ...November 2009, under the Real Estate Agents Act 1976 (effectively a maximum fine of $750 and censure). By contrast, the orders available on a finding of unsatisfactory conduct under s.93 of the Act are wide ranging, including orders for refunding fees charged for real estate agency work subject of the complaint, and fines of up to $10,000 against individual licensees. [28] Mr Clancy submitted that a starting point of a fine in the range of $4,000-$6,000 would be appropriate in light...