Search Results

1. 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...

2. 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...

3. 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...

4. 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...

5. BORA Social Security (Benefit Categories and Work Focus) Amendment Bill [pdf, 396 KB]

   ...made by the Bill include: · a new system of three main benefits to replace the existing seven main benefit categories, to embed a work focus throughout the benefit system · a new approach to people in the benefit system who are sick or disabled · introducing drug testing requirements for beneficiaries referred to a job or training programme where drug testing is a prerequisite, matched with financial sanctions for non-compliance · reinforcing social norms...

6. Amendment to Grant Forms and High Cost Criminal Cases - Submissions and decisions [pdf, 715 KB]

   ...Allegations/instances of sexual abuse Severity of injury/injuries Difficult diagnosis requiring multiple specialists Complex technical, medical or medico- legal issues Customer specific Customer has mental illness/intellectual disability Communication barriers The severity of injury/injuries has resulted in permanent impairment (ACC) Other Other special circumstances (provide more detail in explanation section) Funding sought Lead Provide...

7. Online Final PO Information at Service Pack Applicant [pdf, 448 KB]

   ...Physical: Someone hitting, slapping, kicking, or using a weapon or an object. Someone strangling, choking, suffocating, or burning you. Breaking your things, breaking into your home. Taking away things you need because of your age, health condition, or disability. Sexual: Pressuring you to do something you don’t want to do sexually. Forcing you to have sex, touching or forcing you to perform sexual acts or watch pornography. Emotional and Psychological: Putting you down, making...

8. Online Final PO Information at Service Pack Respondent [pdf, 461 KB]

   ...Physical: Hitting, slapping, kicking, or using a weapon or an object. Strangling, choking, suffocating, burning someone. Breaking their things, breaking into their home. Taking away things they need because of their age, health condition, or disability. Sexual: Pressuring someone to do something they don’t want to do sexually. Forcing someone to have sex, touching or forcing someone to perform sexual acts or watch pornography. Emotional and Psychological: Putting someone down...

9. [2020] NZSSAA 9 (5 May 2020) [pdf, 139 KB]

   ...of this case. It should not be assumed that the type of information provided to one person should always be the same as another. XXXX is not a person who struggled with literacy, mental health issues that prevented normal function, intellectual disability or any of the myriad of situations that can make people vulnerable, and potentially entitled to additional support. On the contrary, XXXX had the capacity to understand and apply complex regulatory information. At the time he recei...

10. Nelson Standards Committee v Smith [2018] NZLCDT 34 [pdf, 171 KB]

    ...began to understand those symptoms might be related to the 2003 disease. [14] He told the Court that he had never intended to wilfully breach directions and believed that he could get the case ready for trial but that “he underestimated his disability and overestimated his mental ability to carry out the tasks necessary to do so”.3 [15] However, instead of supporting that assertion by a proper medical report Mr Smith annexed to the affidavit a report from a therapist whom he h...