Search Results

1. Improving-Access-to-Legal-Assistance-for-Low-Income-New-Zealanders-Final.pdf [pdf, 4.3 MB]

   ...the Regulations in order to implement them. Changes are also required to the Act to repeal the provisions that mandates setting the user charge and interest on repayment to remove these disincentives and increase the access to legal aid in a more enduring way. 9 If the Committee agrees, my officials will begin work on the regulatory and legislative changes. I will be seeking Cabinet Legislation Committee approval on these changes in October 2022. Background 10 A major barrier preven...

2. Estate of Te Aonui v Accident Compensation Corporation (Personal Injury) [2023] NZACC 147 [pdf, 375 KB]

   ...hurt my legs because that is where I was sore. [11] He said he started taking more time off, at least once a week and sometimes more and that every time he had a day off, he had to get a medical certificate from his doctor. [12] He said he endured this pattern until April 2019 when one day at work he could not bear it any longer. He said: I couldn’t even stand, so, I told my boss about my difficulties. [13] After that he saw Dr Munro at the Mataura Medical Centre, who referre...

3. Matchitt - Te Kaha 65 (2014) 104 Waiariki MB 145 (104 WAR 145) [pdf, 180 KB]

   ...shareholder to pursue their own ideals as relates to the future use of the land, I do say that a partition is necessary rather than simply desirable. There is a need for us, as a family, to resolve these long standing differences and arrive at some form of enduring peace. I believe that a partition of the land, insofar as it will effectively recognise and cater for the development of the land, regardless of the point of view of any particular shareholder as to the use of the land, will go...

4. Hawkes Bay Standards Committee v McKay [2014] NZLCDT 57 [pdf, 173 KB]

   ...We considered that Mr McKay attempted sophistry and at times plain untruthfulness to escape facing up to the responsibility of his acting in this position of irremediable conflict. For example he stated that “I did not have an established and enduring solicitor/client relationship with Mr E … He was a new client to me …”. Mr E was a man for whom he had some years prior to the events in question, formed a company. In addition he had acted for him in respect of an extremely...

5. Auckland Standards Committee v Lee [2015] NZLCDT 33 [pdf, 36 KB]

   ...ultimately vindicated in his approach to both the litigation and the costs order against him. The order as to costs was set aside on appeal by His Honour Gilbert J on 28 May 2014.2 [25] We accept that during the three to four years this litigation endured Mr Lee was frustrated that the matter was not able to be resolved in a much more straightforward manner. Furthermore, Her Honour Judge Sharp herself, at the formal proof hearing in December 2014, accepted that the proper course...

6. Johnstone v Denny LCRO 4 / 2010 (13 April 2010) [pdf, 80 KB]

   ...the agreement and I note that she was accompanied by her father throughout. Furthermore, there was nothing to suggest that she would have been materially better off had the matter gone to Court. [20] I have no doubt that the Applicant has endured a terribly stressful episode in her life, and this has been compounded by a reduced standard of living and a loss of financial security. It is clear from all of the evidence that reaching a final settlement was by no means easy, parti...

7. GT v TL LCRO 05 / 2011 (20 January 2012) [pdf, 89 KB]

   ...that the status of client continues indefinitely. Subject to certain qualifications (which were explained by the Standards Committee) there is no prohibition on a firm acting against an individual for whom it once acted. This is subject to an enduring obligation of confidence, because a lawyer cannot use information acquired in the course of a professional relationship against a former client. Those qualifications were clearly explained by the Standards Committee 5 in its de...

8. LY v [North Island] SC LCRO 231 / 2011 (1 June 2012) [pdf, 86 KB]

   ...the Practitioner’s non-response. [23] The Practitioner explained the reasons for their failure to have responded to enquires by the Inspectorate and the Standards Committee with reference to very 5 difficult personal circumstances LY endured by the death of their partner, and then suffering a major health issue which landed LY in hospital. [24] It was submitted that there was sufficient local knowledge about the Practitioner’s personal circumstances such that it would...

9. Notes from Crown Maori Relations hui Waikato 28 April 2018 [pdf, 439 KB]

   ...require new officials with new skillsets. • Te Tiriti o Waitangi – A couple of speakers noted that the values and terms need to be consistent with the Treaty-based relationship. What’s the best way for the Crown and Māori to engage? • Enduring and durable relationships need to be established. • Meaningful engagement is required rather than one-off consultation processes. • The Crown needs to spend more time engaging in communities, with iwi and on marae. • It is imp...

10. Muru v Maungatautari Ecological Island Trust - Wani Wani 1 Block (2016) 131 Waikato Maniapoto MB 77 (131 WMN 77) [pdf, 204 KB]

    ...of the established predator-proof fence in the land. A counter injunction application was filed by MEIT in 2013 to prevent the owners from damaging or removing the predator-proof fence, pending resolution of the application. [2] The matters endured through several interlocutory hearings and teleconferences from 2013 to 2016. A heads of agreement (“HOA”) was entered into by the applicant and the Waipa District Council in 2013 and subsequently a lease. Thereafter the matters...