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Legal Aid Services Amendment to Grant Forms & High Cost Criminal Cases Submissions and decisions March 2019 Foreword Thank you to everyone who engaged with the review on the amendment to grant forms and high cost criminal cases policy. Your contributions have helped us to determine the best way to ensure that our amendment to grant forms and the high cost criminal case policies are fit
...in kind to the capillary gap cut by the builder some experts said that the sheets were hard against the concrete even though there was a rebate. Dr Butt accepted that there was a capillary gap which would do the job. Mr Thurlow agreed that it formed a capillary gap but perhaps on ten occasions the cladding was still against the concrete slab. An overhang would be more reliable but it would still be variable depending on how it was fixed to the foundation. He agreed both capillary...
...will was executed on 24 July 1990, when she was aged 91. She left her entire estate to Pip. Her only Māori land interests were the land we are concerned with, which she had received from her second husband, Eru Nehua Bryers. According to the information provided to the Court in 1994 in the context of the 1 4 Auckland Succession MB 136 (4 AT(s) 136). 85 Taitokerau MB 177 succession application, Ani had 14 children. Howev...
...the Court that would provide protection to someone who has built a dwelling on multiply owned Maori freehold land. The order is obtained to avoid the effects of the common law regarding fixtures on land, which, if they become so attached as to form part of the land, pass with the ownership of that land: see Hinde McMorland Sim Land Law volume 2, paragraph 12.032. The section 18(1)(a) order ensures that the house belongs to the person named in the order, rather than the owners of the...
...with QT Ltd by parking where she did and what were the terms of that contract? 11. A contract may be defined as a legally binding agreement or a promise or set of promises between two or more parties that the law will enforce. For a contract to be formed there needs to be an agreement, an intention to create legal relations and consideration. There also needs to be certainty and clarity as to what is being agreed between the parties. 12. Photographs attached to an email sent by QT...
...or attempts to keep separate the current charges faced by the practitioner. [3] Following service of the charges on him in May 2011, Mr Orlov had filed a Protest as to Jurisdiction and declined to file a “Response to Charge” in the proper form. This response is required to be filed within 10 working days of service pursuant to Regulation 7. Mr Orlov ultimately filed this document, after a final direction from the Tribunal, in February 2013. The response repeated the Protest t...
...as Job Seeker Support) or working elsewhere, either on the employee’s own account or for someone else? c) Is assessment of such a sum subject to an obligation to mitigate loss? Wages or damages? [8] AFFCO contends that the plaintiffs’ claims are in fact for damages; and that orthodox principles relating to the assessment of damages should apply. [9] The Union and affected employees, by contrast, contend that the amounts claimed are for “wages” as defined under the WP A...
...action – decision”. The full Court concluded that AFFCO had breached s 32(1)(d)(ii) and (iii) of the Act in engaging or attempting to engage individual employees being bargained for collectively by requiring those employees to accept AFFCO’s forms of individual employment agreements if they were to be re-engaged for the 2015/2016 season. [11] More particularly, the Court found that AFFCO acted in bad faith (in beach of ss 32(1) and 44 of the Act) in a number of ways. First...
...than in the course of his employment. This relates to his accepting engagement as the client’s employment representative when he was only permitted to undertake legal work as an employee. 9 [34] Although Mr Potter admitted the charge, we requested further submission from the Standards Committee to satisfy ourselves that Mr Potter had infringed s 9(1)(a) of the Act. Our request centred on whether the services for which Mr Potter contracted were regulated services. A non-law...
...that it was a costs order, when that was not the case. [2] The decision reserved costs, which are the subject of this decision. [3] The Respondent (Customs) said the Authority does not have jurisdiction to award costs on the basis the Appellant claimed costs. Customs sought to be heard further if I did not agree. In my view the Authority must set reasonable costs, having regard to the long- established principles that apply to cost awards in New Zealand. [4] The principles for th...