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1. Specialist reports in the Family Court 2022 [pdf, 164 KB]

   ...a medical report might be asked for if the parents of a child with a serious medical condition disagree about medical treatment • a psychiatric report may be needed if a child has or may have a mental illness • a psychological report may be requested to look into what may have influenced a child to say something. Preparing the report The judge will decide what the report will cover. They will ask an expert to write the report (for example, a doctor or a psychiatrist). The report...

2. 2022-03-24 Minute - PC1 - Chapter 7 (Landfills) re Scope Issue [pdf, 149 KB]

   ...applicant maintains that the relief sought by Mr Cocks is outside the scope of the plan change, and notes that Mr Cocks has not specifically responded to the applicant’s memorandum in relation to the matter of scope. [9] Subsequently, counsel requests that the issue of scope for the relief sought by Mr Cocks is determined by the court on the papers. Determination [10] After considering both the memoranda of Mr Cocks and the applicant, I determine that the scope issue can be deal...

3. [2022] NZACC 142 – Meisner v ACC (20 July 2022) [pdf, 140 KB]

   ...and noting the elongated nature of the proceedings to date. The Court then directed that: (a) Mr Gee and Mr Wood engage in discussions with a view to reaching agreement as to costs in this appeal, failing which they will inform the court and request the court to make a decision on costs. (b) The deadline for Mr Gee and Mr Wood to advise the Court either of an agreement as to costs and discontinuance of the appeal, or the need for the Court to make a decision as to costs, is 4 Apr...

4. Ratima v Accident Compensation Corporation (Costs on appeal) [2023] NZACC 44 [pdf, 138 KB]

   ...of Discontinuance, which included that there be no order as to costs, for Mr Ratima’s consideration. [5] On 23 February 2023, instead of signing the draft Notice of Discontinuance, Mr Ratima filed a Notice of Discontinuance that included a request that the Corporation be ordered to pay an unspecified sum by way of Mr Ratima’s costs. Mr Ratima noted that otherwise he would need to take out a loan to pay Mr Meier. [6] On 15 March 2023, Mr Ratima and Mr Meier filed a memorandum...

5. [2024] NZLVT 004 - Rennes v Far North District Council (15 February 2024) [pdf, 237 KB]

   ...Capital Value (CV): $800,000; (b) Land Value (LV): $550,000; (c) Value of Improvements: $250,000. The onus of proof The Land Valuation Tribunal is a specialist tribunal, its primary task in determining rating valuation objections being to form a view as to the correct valuation. The onus of proof lies with the Objector, with the burden imposed being the persuasion burden.2 A party meets this burden by convincing the fact finder to view the facts in a way that favours...

6. [2023] NZSSAA 3 (16 March 2023) [pdf, 142 KB]

   ...whether there is a basis for concluding either: a. XXXX did not have an overpayment of Jobseeker support; and b. If he was overpaid, whether the Ministry was entitled to recover it from the ACC arrears. Facts [4] As XXXX has not provided any information other than saying the Ministry is wrong, we have relied on the Ministry’s report. The Ministry says, correctly, that Jobseeker support is income tested. XXXX received ACC arrears; they are also treated as income for the purp...

7. [2024] NZEnvC 193 Connor [pdf, 192 KB]

   ...Taonga Act 2014 (2014 Act). [3] The Court had some questions regarding the role of Heritage New Zealand in respect of ss 16, 17 and 20 of the 2014 Act, and its policy documents. In-chambers meeting [4] During the hearing the Court received a request for a meeting in-chambers without counsel for Heritage New Zealand. The Court would not do so without the representative of Heritage New Zealand present. The Court was then advised that Ms Carruthers now held instructions for Heri...

8. [2023] NZEmpC 185 Hilford v Whangarei Boys’ High School Board of Trustees [pdf, 155 KB]

   ...should be allowed on certain terms which will apply to the remainder of the Authority’s investigation to proceed. A joint memorandum has been filed to support the making of a consent order. [4] I make the following order by consent in the terms requested: (1) The challenge (EMPC 160/2023) is allowed on the following basis, without any issue as to costs. (2) It is agreed that Mrs Hilford may put forward evidence of a disadvantage grievance arising out of the following events:...

9. [2023] NZEnvC 268 PMR Properties Ltd v Auckland Transport [pdf, 140 KB]

   ...of the Act, such order being by consent, rather than representing a decision or determination on the merits pursuant to section 297. The Court understands for present purposes that: (a) all parties to the proceedings have executed the memorandum requesting this order; and (b) all parties are satisfied that all matters proposed fall within the Court’s jurisdiction and conform to all relevant statutory requirements and objectives of the Act including, in particular, Part 2. Or...

10. 20230802-Update-2-28-July-2023.pdf [pdf, 164 KB]

    ...trust in any organisation who tries to influence decision-making rather than singling out any one group. They thought a code could also include industry and union bodies, interest groups, academics and businesses. • The code could take different forms. It could be a simple code of ethics or one that sets enforced rules and requirements for registration. • Suggestions for administering a code included lobbyists developing their own code, inviting an existing industry association to s...