Search Results

1. Jones v ACC [2014] NZACA 17 [pdf, 70 KB]

   ...Zealand in R v Smith with the Court of Appeal accepting the principle in Taylor v Lawrence. It set aside an earlier decision (which had followed a process contrary to fundamental concepts of fairness and justice) and granted the party the right to request a rehearing: [36] … The Court has inherent power to revisit its decisions in exceptional circumstances when required by the interests of justice. Such power is part of the implied powers necessary for the Court to “maintain its ch...

2. Reid v ACC [2015] NZACA 11 [pdf, 65 KB]

   ...lump sum payment of $7,000. There was at that time a statutory discretion to pay an additional sum up to a maximum of $17,000, which was exercised in his favour, so the maximum amount was paid to Mr Reid on 1 December 1983. This had followed a request from a rehabilitation officer (26 October 1983) and then an internal assessment (11 November). The assessment recorded Mr Reid’s concerns about the future, a specific incapacity, his severely altered lifestyle, moderate to severe pain,...

3. NT v Standards Committee LCRO 131/2014 (21 November 2014) [pdf, 84 KB]

   ...Committee that a complaint made about her by Mr and Mrs OL (the complainants) be considered by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal (the Tribunal). [2] There are three themes to the substance of Mr NT’s conduct that form the backbone of this review: (a) the quality of her advice to the complainants; (b) her competence in conducting litigation; and (c) her fees. Background [3] Mr NT acted for the complainants in respect of a claim by them against a...

4. CL & ZA v GU LCRO 148/2013 (25 May 2016) [pdf, 68 KB]

   ...he was authorised to accept service on her behalf, constituted unsatisfactory conduct by the lawyers. Background [2] Mr GU instructed Mr CL and Mr ZA in late 2012. Mr GU was endeavouring to resolve disputes over relationship property with his former wife, which had eventuated as a result of the Christchurch earthquakes. Mr GU’s situation was made more difficult by the parties having signed an agreement pursuant to s 21 of the Property (Relationships) Act 1976 (PRA) in full and...

5. Law Firm A v Standards Committee LCRO 319/2012 (31 May 2016) [pdf, 72 KB]

   ...and 25 November 2011. Although not mentioned by the Standards Committee, the breaches identified by Mr ET was that the firm’s account in the trust account ledger had become overdrawn, which is a breach of reg 6. It was the three overdraws which formed the basis of the Standards Committee finding of unsatisfactory conduct. The breaches should have been identified as breaches of reg 6, which require a practice to cover any overdraws 8 in a particular client’s trust account....

6. Te Whata - Waiwhatawhata 1A2B6 Lot 1 DP 168554 (2008) 125 Whangarei MB 294 (125 WH 294) [pdf, 3.4 MB]

   ...circumstances and a question arises as to whether those decisions have affected the established general principles. A review of the general principles is therefore necessary. Notice to Preferred Classes of Alienees [II] The PCA are entitled to be given formal notice of an application and hearing (Part O,'oh ' Fa page·S; Brr:ce v Edwards page 521). The provisions ofRu l" .1·12(2) of the Maori Land Court Rules 1994 may be used as a guide to giving public notice (Part...

7. Morgan v Accident Compensation Corporation [2018] NZACA 01 [pdf, 197 KB]

   ...of $391.51), backdated to 21 September 1989. The uplift was due to the Corporation including her Nathans’ earnings within 12 months of the accident, being the commission from 23 September to 11 November 1988.3 [17] Another review of ERC was requested by Ms Morgan in June 2013. She now sought a recalculation based on her prospective real estate income, as she was due to commence work at Morgans at the time of the accident. [18] The Corporation wrote to Ms Morgan on 27 Septemb...

8. PAUP Residential Alternative height in relation to boundary [pdf, 632 KB]

   ...rather than representing a decision or determination on the merits pursuant to s 297. [10] The Court understands for present purposes that: (a) All parties with an interest in the matters to be resolved by this order have executed the memorandum requesting this order. Order Page 4 (b) All parties are satisfied that all matters proposed for the Court's endorsement fall within the Court's jurisdiction, and conform to the relevant requirements and objectives of the RM...

9. Evidence Brief: Cognitive-Behavioural Therapy [pdf, 317 KB]

   Cognitive-Behavioural Therapy EVIDENCE BRIEF Cognitive-Behavioural Therapy (CBT) is a core form of psychological treatment for offenders. CBT has been well researched and shown to reliably reduce reoffending among many groups of offenders. There is substantial potential to increase its provision for young offenders. OVERVIEW • Cognitive-Behavioural Therapy is the cornerstone of modern approaches to rehabilitate offenders. • CBT has been extensively implemented in...

10. Evidence Brief: Family Violence Perpetrator Treatment [pdf, 341 KB]

    ...services provided either after the Family Court orders a respondent to attend under the Domestic Violence Act 1995, or during a pre- sentence remand in the criminal court for a family violence related offence where attendance at a programme is requested. Attendance mandated through the family court is supported by legislation. However, provision of programmes in the criminal jurisdiction has been introduced in 2008 primarily as a component of the Judiciary-led Family Violence...