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1. Ruwhiu v Commissioner of Inland Revenue - Maunga Hikurangi Kaporeihana (2016) 143 Taitokerau MB 159 (143 TTK 159) [pdf, 219 KB]

   ...resolution for their incorporation under this Part; or (b) in any case to which paragraph (a) does not apply, the court is satisfied that the owners of not less than 15% of the aggregate shares in each area of land (or their trustees in the case of disability) consent to the making of the order. (3) An order incorporating any owners under this Part may be made in respect of the whole area of the land owned in common by the owners or in respect of any defined part of it. (4) The...

2. [2016] NZEmpC 117 NZMWU Inc v AFFCO NZ Ltd [pdf, 160 KB]

   ...those circumstances have been ready, willing and able to return to work, so that wages would then become payable? [33] If, for example, the person was incapacitated and thereby in receipt of Accident Compensation entitlements, or a sickness or disability benefit, then those circumstances would be relevant to the assessment of whether that person would have returned to work. [34] If the person was working elsewhere, the issue of fact will be whether that person would have resig...

3. Warbrick - Estate of Rooha Ratahi (2004) 106 South Island MB 197 (106 SI 197) [pdf, 1.7 MB]

   ...Maadi Anderson m8 c/- Paemu Warbrick, PO Box 6326 Dunedin (70) Frances Simon fa 14 Wiremu Place, Taiwhakaea, Whakatane (71)Paerau Warbrick ma WHANGAI 539 Hydro Road, Te Teko No.69 Maadi Anderson is handicapped. He is a pe"son unde,' disability and there has been numerous Kaitiaki Trusts set up fOI" his land interests. The latest was cl'cated ill Dunedin all 30 October 2002 before Judge Andrew Spencer in favour of No.579 Paerau Warb,·ick. (72) Paerau Warbrick 1...

4. Re Apostolakis (Rejection of Statement of Claim) [2016] NZHRRT 35 [pdf, 68 KB]

   ...reg 5 for the commencement of proceedings, are published on the Tribunal’s website. There are three forms in all, reflecting the Tribunal’s separate and distinct jurisdictions under the Human Rights Act, the Privacy Act 1993 and the Health and Disability Commissioner Act 1994. To initiate proceedings an intending plaintiff must first satisfy the eligibility requirements separately prescribed by the three statutes and in addition meet the description of one of the persons listed in re...

5. Duty lawyer policy [pdf, 549 KB]

   ...make reasonable enquiries to assist defendants to confirm details, such as address or employment information) or c. the defendant is under an order made pursuant to the Mental Health (Compulsory Assessment and Treatment) Act 1992 or the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003. Courts without duty supervisors Where a duty lawyer considers that a category 2 bail exception applies, they shall discuss this with the duty coordinator or team leader who must a...

6. Real Estate Agents Authority v Wallace [2016] NZREADT 71 [pdf, 118 KB]

   ...I would like it noted that at no time was I informed that my Medical Certificates were not acceptable. If this was the case I should have been informed what is required and this would have been supplied, as there is certainly no doubt about my disabling health issues. I requested to have this Tribunal Hearing postponed so that I can have Legal Representation which is my legal right. This request was declined. When my Barrister is available, date and times to suit him, all of these...

7. The Joint Venture e-Newsletter - December 2020 [pdf, 328 KB]

   ...information. Violence Prevention needs in Diverse Communities project underway The Violence Prevention needs in Diverse Communities project is currently underway. This funding is aimed at developing community-led violence prevention initiatives for disabled people, new migrant communities, rainbow communities and older people. Communities and the FVSV sector are working with The Center for Culture-Centred Approach to Research and Evaluation at Massey University between December 2020...

8. [2018] NZSSAA 14 (14 March 2018) [pdf, 130 KB]

   ...rent to her but not to the appellant. It is submitted that it would be usual for joint home owners who were not in a relationship to benefit equally from any rent payment. In addition the appellant states that he supports his alleged partner’s disabled son. While they maintain a certain amount of privacy in relation to their financial affairs the Ministry submits that this is not unusual for older couples commencing a new relationship. [36] Ms Burns submits that the appellant...

9. 2 RIA Repeal of three strikes law [pdf, 3.3 MB]

   ...years imprisonment imposed on Fitzgerald “goes well beyond excessive punishment and would in their view shock the conscience of properly informed New Zealanders who were aware of all the relevant circumstances including Mr Fitzgerald’s mental disability” and that Fitzgerald “should be receiving care and support in an appropriate facility, not serving a lengthy term of imprisonment”. Another example is in R v Kingi Ratima (2017), where the judge calculated that the offende...

10. [2021] NZREADT 47 - Cavanagh (25 August 2021) [pdf, 258 KB]

    ...conduct, before ordering costs against a regulator properly exercising its functions in the public interest. She referred to discussions of costs orders in the context of the provisions of the Lawyers and Conveyancers Act 2006 and Health and Disability Commissioner Act 1994. She submitted that the usual approach of the Human Rights Review Tribunal is that costs are not routinely awarded to the successful party. [13] Ms Casey also submitted that in the present case, the Regist...