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1. 2018 archive

   On this page: Message from the Manager Legal Aid Services Family Legal Advice Service not available for Oranga Tamariki proceedings Amendment to grant forms and high cost cases policy Arrangements when duty lawyers are unable to attend on a rostered day Accommodation disbursements Family Violence legislation takes effect Legal services for mental health patients Pre-sentence reports Legal Aid Triennial Review Criminal case assignment – Christmas, New Year availability Cut-off date for invoice

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2. Reweti - Part Waikoukou No 406 (2015) 96 Taitokerau MB 231 (96 TTK 231) [pdf, 259 KB]

   ...Native Land Court awarded the Waikoukou block to Paora Tuhaere and Wiremu Reweti Te Whenua. [3] Between 1884 and 1908, parts of the Waikoukou block were gifted to (and later taken by) the Crown for railway purposes. This includes the land now forming Lot 1 and 2. Following the corporatisation of New Zealand Railways, Lot 1 and 2 were declared to be surplus Crown land. In 2001 Lot 1 and 2 were vested back into Paora and Wiremu as the original owners. [4] Applications have now bee...

3. Reid v Accident Compensation Corporation [2023] NZACC 194 [pdf, 254 KB]

   ...of a vehicle. The tow bar, additional boot space and four-wheel drive were not essential injury-related features. Ms Balkiwill also confirmed that: I have reviewed the models that are included in the assessors report taking into account the requested feature above which are not essential, or where the need can be met via an alternate solution. I can confirm that the ACC contribution of $17,778 minus the client's value of her current vehicle would fund a range of vehicles wh...

4. LCRO 47/2014 HJ v GK [pdf, 93 KB]

   ...returned, to the writer’s offices, by 5pm Wednesday, 28 August 2013 (note, no extension of time shall be granted), failing which appropriate action will be taken through the relevant authorities without further notice to you. [7] Mr HJ responded claiming ownership of the forms, and rejecting the Directors’ claims. [8] Mr GK replied on 30 August 2013, describing Mr HJ’s claim to ownership as “ludicrous” and, on behalf of the Directors, rejected his explanation. Mr GK’s let...

5. Re Tai Rakena (Rejection of Statement of Claim) [2017] NZHRRT 27 [pdf, 140 KB]

   ...December 2016 in respect of file reference C/28386. In this Certificate the Commissioner certifies he conducted an investigation into the question whether Corrections provided Mr Tai Rakena with all the information he requested on certain PC.01 forms, being PC.01 4001501; PC.01 401032 and PC.01 401143. In these proceedings a case management teleconference was held on 12 May 2017 but the timetable then made will not expire until 1 September 2017. Thereafter the proceedings will be hear...

6. P Ltd v AH & LH [2023] NZDT 51 (31 January 2023) [pdf, 120 KB]

   ...Ltd introduce the purchaser to TC? 3. The general law of contract applies. A contract, or legally binding obligation, is created by an offer, acceptance, exchange of value, and an intention to create legal relations. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end. What was agreed is looked at objectively, i.e. by looking at what...

7. MD v KC [2024] NZDT 41 (23 February 2024) [pdf, 227 KB]

   ...says that MD was warned on an earlier occasion that drug use in the house was not acceptable. KC says that the claim for cleaning arises only because MD continued to use drugs inside the house after this warning. 7. Contracts can come in many forms. Sometimes they are written, other times there is only a discussion or there may be a combination of written and oral terms. In addition, the law of contract allows for implied terms. Implied terms are those so obviously required that it i...

8. MX v X Ltd [2023] NZDT 251 (28 April 2023) [pdf, 241 KB]

   ...as there is no evidence the failure was substantial in any way, I find the claim must be dismissed. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: K. Edwards Date: 28 April 2023 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a re...

9. BC v ST Ltd [2024] NZDT 381 (2 May 2024) [pdf, 194 KB]

   ...refund of the money paid. 10. With respect to that, BC argued at the hearing that she had paid $3400 + $300 for materials plus an additional $1400 for waterproofing. However a payment of $1400 for waterproofing is not consistent with her own claim form or submissions and it is not what the handwritten receipts show. ST Ltd say they were paid $3400.00 in total and I agree that is what all the other evidence supports. They say that the $300 BC spent at [hardware store], while accompa...

10. Steele v Commissioner of Police (Jurisdiction) [2025] NZHRRT 21 [pdf, 220 KB]

    ...[1] In June 2021 Mr Steele filed these four proceedings in the Tribunal under the Privacy Act 2020 (2020 Act). In each proceeding Mr Steele alleges an interference with his privacy, arising from the responses of Police to information privacy requests he made under the Privacy Act 1993 (1993 Act). [2] All of the proceedings involve complaints which had been investigated by the Privacy Commissioner (Commissioner) and in respect of which the Commissioner had concluded his investi...