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  1. Pirikahu v Hohaia - Awanui Haparapara No 1 (2021) 253 Waiariki MB 112 (253 WAR 112) [pdf, 297 KB]

    ...freehold land.8 However, where the land is acquired out of the original assets of the trust, that land shall form a part of, and follow the destination of the corpus of the trust, unless the court orders otherwise. [40] The kaitiaki trust was formed as a mechanism to protect and promote Marion’s Māori land interests. The trustees have stated that the property was purchased from the funds in the trust account, which I interpret to be revenue accumulated from the assets of the trus...

  2. LCRO 160/2016 ET v NE (23 May 2019) [pdf, 203 KB]

    ...$25,000 Mr NE required to proceed. [45] Mr OC said that $10,000 had been promoted as “the initial estimate of costs” and, apart from the $25,000, was the only sum Mr NE had ever mentioned. Mr OC did not construe the email of 9 April 2015 as a request to collect a retainer of $15,000 from Mr ET. Mr OC said in conclusion that: … we (had) made it clear from the outset of instruction that you knew that the APEC card had been refused in or around 2011(sic), as a result of the drin...

  3. MFE-You-Mediation-and-the-Environment-Court.pdf [pdf, 673 KB]

    ...background is forwarded to the Environment Court Commissioner who will conduct the mediation. Mediation can only be arranged once the statutory period for interested parties to join has ended, and all parties agree. Any of the parties to an appeal can also request mediation at any time. The earlier you make such a request, the better it is for everyone involved and the more likely it is that an agreement will be reached. You certainly shouldn’t see it as an option of last resort. 07 AN E...

  4. Applying to be a legal aid provider - Selection Committee guidance [pdf, 423 KB]

    ...requirements, such as demonstrating substantial and active involvement in cases. This means that the applicant’s case examples and supporting documents can be more than five years old (although recent examples are preferred). When a waiver is requested, the Committee’s recommendation needs to explain why they have recommended to waive/not waive the recency requirement. Limited approval If an applicant wants to act in a specific case (or a specific type of proceeding within an...

  5. [2020] NZSSAA 2 (11 February 2020) [pdf, 217 KB]

    ...considered under the asset test. [6] The second aspect of the appeal are deposits into bank accounts, which the Ministry treated as income. There were two bank accounts, one in the sole name of XXXX and the other in the joint names of XXXX and her former husband.1 The Ministry treated all deposits it considered were not explained in XXXX’s account as income; and half of the corresponding deposits in the joint account as income. [7] XXXX gave some evidence at an initial hearin...

  6. Legal aid grants December 2019 [xlsx, 102 KB]

    ...legal aid, by age group, 2010 - 2019 Table 5c: Number of people granted civil legal aid, by age group, 2010 - 2019 Table 5d: Number of people granted Waitangi Tribunal legal aid, by age group, 2010 - 2019 Definitions and data notes If this information does not answer your query you may wish to request specific information via an Official Information Act request. Information on this process is available on the Ministry website: https://www.justice.govt.nz/about/official-information-act...

  7. Proposed model for establishing a Criminal Cases Review Commission - Redacted [pdf, 282 KB]

    ...5. For example, we suggest the CCRC be able to begin case reviews on its own initiative, as well as receiving applications from convicted persons and their representatives. To assist its investigation, the CCRC would also have powers to obtain information from public bodies and private individuals. 6. The design of the CCRC is complex and the issues can be resolved in different ways. Targeted consultation with departments, the judiciary, representative leaders of the law profession, ac

  8. Auckland Standards Committee 1 v Fendall [2018] NZLCDT 26 [pdf, 349 KB]

    ...relapse of her condition and received payments from November 2011 to April 2014 (of $14,164 to $14,816 per month). [9] A condition of the policy, to enable continuation of the payments to Ms Fendall, required her to submit monthly declaration forms, in which she was required to disclose whether she had undertaken any work activities and/or received any income during the period since the previous claim payment. She was also required to declare that her statements were “… true...

  9. LCRO 53/2021 ST on behalf of the Executors of the Estate of KK v QM, WP, RS and DJ of ABC Law Limited (9 March 2022) [pdf, 274 KB]

    ...personal accounts, and generally attend to matters which would normally have been attended to by himself or family members. 1 Mr ST is a partner in [Law firm A]. 2 I use the name [ABC] in the same manner as Mr YC, to mean the firm in its various forms of incorporation and partnership … and where applicable, its antecedent name; [redacted]. 2 [3] I include here the background section of the Standards Committee determination:3 1. Mr FQ died on 14 January 2014. 2. His sister,...

  10. Cotter v Accident Compensation Corporation (Personal Injury) [2024] NZACC 013 [pdf, 249 KB]

    ...left knee pain was “bad for 2 years”, but she “accepts no particular injury but there has been repeat stresses and strains on her L knee from her rousing in shearing gangs”. [16] On 28 November 2016, Dr Bannister lodged an injury claim form on Ms Cotter’s behalf, requesting cover for a left knee injury as a work-related gradual process injury (WRGPI). Dr Bannister filed a medical certificate with a date of injury as 21 July 2016, with a diagnosis of working on stage boa...