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1. Homes v ACC [2014] NZACA 14 [pdf, 50 KB]

   ...contention that he misunderstood the nature of the withdrawal. [32] The Authority can accept that there is no lesser standard of credibility. In other words, evidence must be credible to be accepted as the truth, whether or not that person is mentally disabled. Furthermore, the standard of proof, the balance of probabilities, remains the same for all. However, the statement that Mr Homes should not be accorded a lesser standard of understanding than an adult with normal faculties may...

2. Karena v Karena - Whangaruru Whakaturia 1D6B9 A, B, C, and D (2005) 102 Whangarei MB 259 (102 WH 259) [pdf, 368 KB]

   ...quorum and voting requirements of the Act cannot be practically worked through in respect of these four blocks. In fact working through them would be relatively straightforward. Each block has only one owner. Two of the owners are persons under disability by reason of minority but it is clear by the terms of Regulations 32 and 33 that trustees are entitled to vote in such meetings on behalf of beneficiaries. [27] In that respect I accept the submission of Messrs Harte and Bell that...

3. [2016] NZSSAA 086 (5 September 2016) [pdf, 117 KB]

   ...who is a full-time student unless― (i) The person is a beneficiary; or (ii) The person or his or her spouse or partner is the principal caregiver of one or more dependent children; or (iii) The person or a member of his or her family has disability costs (as defined in Regulation 4). As the appellant did not qualify for any of these exceptions she was no longer entitled to Temporary Additional Support. [24] The appellant did not meet any of these criteria for being paid Tempo...

4. LCRO 8/2014 HTO v AG [pdf, 216 KB]

   ...associated with the commission of such an offence. [7] Mr AG requested information and cooperation from HTO in terms that indicated DYRJ did not know the extent of HTO’s involvement in the potential copyright issues. He asked HTO to immediately disable the website, immediately cease operating the website and confirm its intention to do so if it was indirectly involved as defined in the Copyright Act. Mr AG requested information from HTO if it was the case that a user of HTO...

5. Edwards v Capital and Coast DHB (Litigation guardian) [2016] NZHRRT 16 [pdf, 67 KB]

   ...brought into issue the appointment of a litigation guardian. First, the second plaintiff is 16 years of age. [8] Second, according to the amended statement of claim the second plaintiff has been diagnosed with autistic spectrum disorders and learning disabilities. He suffers from related psychological conditions, including anxiety and depression, requiring ongoing medication. He has also been treated for obsessive compulsive disorder. 4 [9] Had these proceedings been brought in...

6. BD v EG LCRO 107/2012 (26 Aug 2015) [pdf, 54 KB]

   ...thirty-six years of age this provision in your previous Will is invalid. We note your advice to the writer that notwithstanding that HH is thirty-six years of age, he will never be in a position to care for himself due to his physical and mental disabilities and he will need the help of his siblings to look after him. JJ and KK would have to apply to the Court under the Protection of Personal and Property Rights Act 1988 (“the Act”) in order for them to be legally appointed 3...

7. AB v ZY LCRO 54 / 2010 (27 January 2011) [pdf, 84 KB]

   ...The names and identifying details of the parties in this decision have been changed. DECISION Background [1] The Applicant is the son of Mr RH (Mr H), who committed suicide in June 2004. [2] Mr H had a history of bipolar illness and disability. [3] The Respondent was a lawyer in private practice, and also a District Inspector for Mental Health (DIMH) appointed by the Ministry of Health (MoH). [4] In June 2001, as the DIMH, the Respondent had requested a review of Mr H...

8. Regulatory Impact Statement: Order of Inquiries to determine fitness to stand trial under the Criminal Procedure (Mentally Impaired Persons) Act 2003 [pdf, 600 KB]

   ...formal court examination of the defendant’s mental capacity, defendants may not be supported as well or as much as they could be when their involvement in the offence is being assessed. For instance, defendants with certain types of intellectual disability may benefit from having a specialist care worker present during court hearings, or particular assistance while in custody. This is particularly so in cases where the issue of fitness is nuanced or unclear, and there may be lit...

9. Russell v Burns - Ōnuku 886 2B2 Ahu Whenua Trust (2018) 39 Te Waipounamu MB 34 (39 TWP 34) [pdf, 294 KB]

   ...per Rule 4.11 of the Maori Land Court Rules 2011 (“the Rules”), which states: 4.11 Proceeding brought by minor (1) A proceeding brought by a minor must be brought on the minor’s behalf by a next friend who is not a person under any legal disability and whose interests are not adverse to or in conflict with those of the minor. … (6) On the minor attaining the age of 18 years, the former minor may elect to continue the proceeding by— (a) filing a written notice of elec...

10. BORA Search and Surveillance Powers Bill [pdf, 314 KB]

    ...provided that person prepared to permit examination Empirical likelihood of internally concealed evidence / qualified consent (see cll 22(3)(b) and 23) 25/26 Search of person/vehicle in public place suspected of possession of offensive weapons/disabling substances Safety 27 Search of vehicle for stolen property Limited intrusiveness of vehicle search / loss of evidence 45 Use of surveillance device without warrant for up to 72 hours where not practicable to obtain a warran...