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1. Evidence Brief: Drug Courts [pdf, 389 KB]

   ...or drug dealers. • The optimal length for a drug court programme is between eight and 18 months. • One meta-analysis found that drug courts were more effective when serving methamphetamine users, compared to participants with other forms of AOD abuse/dependency. • There is also evidence that drug courts focused on drink-drivers reduce reoffending, but this evidence is not as strong as for drug courts generally. EVIDENCE BRIEF SUMMARY Evidence rating: Promisi...

2. King v Te Aretoa - Succession to Puti Green [2021] Chief Judges MB 132 (2021 CJ 132) [pdf, 408 KB]

   ...reference to an earlier decision on the estate of Alec Green. From this, the Court determined that the deceased’s father and Wiari Green must have shared a common hapū being that associated with the land at Kinohaku. [29] Extensive research was requested of both Court staff and a contractor including reference to Wakatū Incorporation. That showed that the interests in Wakatū Incorporation that the deceased had not inherited from her mother came to her through her father and he...

3. 2021-04-12 - TAs - MOC re witness substitution + case [pdf, 550 KB]

   ...477 7312 Fax: (03) 477 5564 Email: bridget.irving@gallawaycookallan.co.nz Email: phil.page@gallawaycookallan.co.nz 1 BI-936714-365-40-V1 MEMORANDUM OF COUNSEL 1. Counsel refers to the direction from the Court dated 9 April 2021 requesting details as to the provisions relied upon to enable substitution of a witness for CODC. RESOURCE MANAGEMENT ACT 2. There are no specific provisions in the RMA that address the matter of witness substitution. Therefore, the gen...

4. [2021] NZACC 6 - MacDonald v ACC (12 January 2021) [pdf, 198 KB]

   ...Hartshorn completed the Initial Medical Assessment (IMA) on 30 November 2016. He noted that the appellant was experiencing constant low-grade pain, but his mood was reasonable. At that stage the appellant was managing half days at work but not performing any physical work such as grooming or mechanical repairs. Dr Hartshorn noted: This is a role which is generally within the sedentary to light physical demand range and provides postural variability. The job is thus well suited t...

5. LCRO 202/2018 HB v MD (26 June 2020) [pdf, 172 KB]

   ...MD taking steps about that on behalf of WT, he discovered the existence of the caveat. [11] Mr MD advised WT that Mrs HB Snr did not appear to have a caveatable interest. This triggered a process under the Land Transfer Act 1952 whereby WT informed LINZ, who in turn informed Mrs HB that her caveat would lapse.2 [12] Mrs HB Snr made an application to the High Court for an order that her caveat not lapse. WT, through Mr MD, instructed Mr B QC to oppose that application. [13] In th...

6. [2021] NZREADT 04 - Complaints Assessment Committee 409 v Kemp & Scoble (22 January 2021) [pdf, 275 KB]

   ...disclosure, or to make enquiries, but included withholding information from Mr Beath, and an apparent lie to Mr Beath: [a] Mr Kemp advised Mr Beath that the party wall was of brick construction, as per the era of the home, but (despite a specific request for information of important disclosures) withheld information that concerns had been expressed as to its structural integrity and that the conditional sale had been cancelled; [b] Shortly after settlement, when Mr Beath spe...

7. Justice Sector seriousness score (2016 update): FAQs [pdf, 585 KB]

   ...do not quantify the seriousness of each offence and record that for each charge. Rather they impose sentences. Using sentencing data recorded for administrative purposes enables us to calculate seriousness scores for over 6000 offence codes without requesting lots of extra information from judges. Do more severe sentences always reflect more serious offending? No. “The main disadvantage of indexes based on sentencing practice is that factors other than offence seriousness (e.g. p...

8. [2017] NZEmpC 53 Eden Group Ltd v Jackson [pdf, 137 KB]

   ...for defendants Judgment: 12 May 2017 INTERLOCUTORY JUDGMENT OF JUDGE B A CORKILL Introduction [1] This judgment resolves the plaintiff’s application for a stay of proceedings. [2] The first, second and third defendants are former employees of the plaintiff, Eden Group Ltd (Eden Group); they resigned and established a new business, using the vehicle of a company which was incorporated for the purpose. That company was named New Space Limited (New Spac...

9. Bahramitash & Goundar v Real Estate Agents Authority (CAC 402) [2017] NZREADT 8 [pdf, 228 KB]

   ...exchange between Mr Bahramitash and the vendors that (as we understand it) was not before the Committee, and a copy of the Authority’s advice to Mr Bahramitash that a complaint had been made against him. [23] After the hearing, at the Tribunal’s request, Mr Goundar provided a copy of the Agency’s in-house policy for dealing with complaints. Appeal by Mr Bahramitash [24] We consider each of the issues raised in Mr Bahramitash’s appeal against the substantive decision...

10. Sutton v Real Estate Agents Authority (CAC 411) & Fear [2017] NZREADT 27 [pdf, 243 KB]

    ...not been found to have engaged in unsatisfactory conduct meaning it is not appropriate to order that the full commission be refunded. The Committee also considers it is inappropriate to order a partial refund of the commission. The Committee formed the view that given the circumstances the sale of the Property would have proceeded with or without regulatory compliance on the part of [Mr Fear]. Consequently a commission would have been earned by the Agency and in turn the Licensee...