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1. LCRO 88/2018 MC v OT (24 December 2018) [pdf, 225 KB]

   ...arguable that the question as to whether a transcript should be prepared is an administrative matter and not a matter that is subject to appeal, however the Court did not attempt to resolve that issue. [42] It noted however that the High Court judge had declined the application on grounds that the judge did not consider that the reasons advanced by the applicant merited a direction that a transcript be prepared. [43] The decision in Nuku gives me confidence that the approach the Rev...

2. v2.3-Induction-guide-for-legal-aid-providers-April-2017.pdf [pdf, 714 KB]

   ...rules of conduct and client care for lawyers, the practice standards set out specific requirements for legal aid lawyers’ responsibilities to clients, relationships with clients, conduct of legal aid cases, and their dealings with others such as judges, experts, and court and Ministry of Justice staff. In summary, these require lawyers to: • understand legal aid entitlements and processes http://www.legislation.govt.nz/regulation/public/2008/0214/latest/DLM1437811.html� http://www.l...

3. Compensation-for-a-Wrongly-Convicted-and-Imprisoned-Individual-FINAL.pdf [pdf, 1.4 MB]

   ...application for rehearing in respect of Mr 1t!l'llf8fj sentencing on 12 June 2013. We understand this was because the error in the disqualification period was brought to the attention of Police by Mr t'itt3Pfl lawyer at the time. The sentencing Judge sought to "regularise" matters flowing from both the sentencing on 12 June 2013 and subsequently. The rehearing was granted and, by consent, the guilty pleas in respect of the 2013 driving whilst disqualified charges were vacate...

4. When someone dies suddenly guide [pdf, 533 KB]

   ...Chambers A coroner’s office. Chambers hearing One of two ways to finalise an inquiry. It is held in the coroner’s chambers and cannot be attended in person. Also referred to as a ‘hearing on the papers’. Coroner A judicial officer, like a judge, who investigates the causes and circumstances of a death and considers whether any recommendations can be made that might reduce the chances of deaths occurring in similar circumstances in the future. Finding The coroner’s written de...

5. MOJ0047 When somebody dies suddenly guide [pdf, 533 KB]

   ...Chambers A coroner’s office. Chambers hearing One of two ways to finalise an inquiry. It is held in the coroner’s chambers and cannot be attended in person. Also referred to as a ‘hearing on the papers’. Coroner A judicial officer, like a judge, who investigates the causes and circumstances of a death and considers whether any recommendations can be made that might reduce the chances of deaths occurring in similar circumstances in the future. Finding The coroner’s written de...

6. MOJ0047_NOV22_FINAL_WEB.pdf [pdf, 533 KB]

   ...Chambers A coroner’s office. Chambers hearing One of two ways to finalise an inquiry. It is held in the coroner’s chambers and cannot be attended in person. Also referred to as a ‘hearing on the papers’. Coroner A judicial officer, like a judge, who investigates the causes and circumstances of a death and considers whether any recommendations can be made that might reduce the chances of deaths occurring in similar circumstances in the future. Finding The coroner’s written de...

7. Lealaiauloto-Saofaileta v Accident Compensation Corporation (Treatment Injury) [2023] NZACC 209 [pdf, 257 KB]

   ...Heard at: Christchurch / Ōtautahi Appearances: Ms P Tucker for the Appellant Mr C Hlavac for the Respondent Judgment: 18 December 2023 _____________________________________________________________________ RESERVED JUDGMENT OF JUDGE C J MCGUIRE [Treatment Injury - s 32 Accident Compensation Act 2001] _____________________________________________________________________ [1] At issue on this appeal is whether the appellant’s 2014 carpal tunnel release surgery...

8. [2023] NZREADT 11 - CAC 2103 v Lieven (15 May 2023) [pdf, 263 KB]

   ...that contravention of a tenant’s quiet enjoyment of the premises is an unlawful act if it amounts to harassment of the tenant. This may attract exemplary damages of up to $2,000. [45] Harassment is not defined in the Act. In Macdonald v Dodds, Judge Harland considered that the dictionary definition of “harassment” was appropriate in the context of s 38(3). In the Concise Oxford Dictionary, “harass” is defined as torment by subjecting to constant interference or intimidatio...

9. [2024] NZEnvC 035 Beachlands South Limited Partnership v Auckland Council [pdf, 608 KB]

   ...strikeout an appeal as being outside scope BETWEEN BEACHLANDS SOUTH LIMITED PARTNERSHIP (ENV-2023-AKL-181) Appellant AND AUCKLAND COUNCIL Respondent AND FOODSTUFFS NORTH ISLAND DRIVE HOLDINGS LIMITED Section 274 parties Court: Judge JA Smith Commissioner SG Paine Commissioner AP Gysberts Hearing: 19 February 2024 Last case event: 19 February 2024 Appearances: WS Loutit and RS Abraham for Beachlands South Limited Partnership EL Manohar for Auckland Cou...

10. Outcomes for Mentally Impaired Persons December 2023 [xlsx, 102 KB]

    ...to, and finalised after 13 December 2022 can still receive this outcome if the process to determine their involvement in the offence had already begun (under the previous section 20 of the Act). If a hearing had not been held to determine this then the judge may direct the new section 20 be applied (which can result in an outcome of proven but not criminally responsible on account of insanity), but only if they are satisfied it is in the best interests of justice. Proven but not criminally res...