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1. Justice Sector prison population forecast November 2009 update [pdf, 564 KB]

   ...The number released on conditions is a little above expectations. Data Notes A count of the numbers released on conditions in the given month. The vast majority of cases are for sentences of less than two years, with conditions being set by the judge. A small number of cases are for longer sentences. These are cases where the Parole Board has no discretion to release an offender. The offender must by law be released, and the Board’s only role is to set the conditions of the offender...

2. K v N [2013] NZREADT 111 [pdf, 91 KB]

   ...of interest they must consider the potential for a conflict rather than the reality. This is because the Act and the rules are designed to prevent an agent putting him or herself in a situation where might be a conflict, and as his/her conduct is judged at the time of the potential conflict. [19] But was this a breach of s 136? The Real Estate Agents Act 2008 is designed as consumer protection legislation. We agree with the Real Estate Agents Authority that we should interpret the le...

3. David Bain response from Justice Binnie [pdf, 106 KB]

   ...have a copy of my Report with me in Geneva but Lord Bingham is quoted as puzzling over why David Bain, if he was guilty, would have made some of the statements he did. Accordingly, if I am guilty of sinning I do so in the good company of the five judges of the Privy Council. Once again, Mr Fisher's complaints are academic and theoretical and indicate little familiarity with reality of the case. 11 . Mr Fisher finds it suprising that I quoted David Bain's claims of innocence at &...

4. Director of Human Rights Proceedings v Wellington Advkit Services Ltd (Joinder of Second and Third Defendants) [2015] NZHRRT 11 [pdf, 60 KB]

   ...Tribunal Regulations. [19] In the absence of an explicit statutory regime addressing the joinder of parties, we intend adopting, with all necessary modifications, High Court Rules, r 4.56 which provides: 4.56 Striking out and adding parties (1) A Judge may, at any stage of a proceeding, order that— (a) the name of a party be struck out as a plaintiff or defendant because the party was improperly or mistakenly joined; or (b) the name of a person be added as a plaintiff or defend...

5. Coleman v Auckland Council [2012] NZWHT Auckland 41 [pdf, 113 KB]

   ...certainty, that a territorial authority’s obligations have throughout been attended to. Its existence is important to those who rely upon it. It is a document by which Council’s obligations in connection with the actions certified can be judged. [22] The issue of reliance on the CCC as the only cause of action in time was recently considered again by the High Court in Montgomery v Auckland City Council.14 The Council’s argument that this was distinct from the inspe...

6. Dunworth v McLachlan [2010] NZWHT Auckland 6 [pdf, 89 KB]

   ...2 HC Auckland, CIV-404-404-2002003, 28 September 2007, Harrison J. Page | 9 website relates to the interior design features of the dwelling only and not its construction. [22] The claimants also refer to in Young v McQade3 when Judge Barber upheld the decision of the WHRS that Ms Young acted as a developer. He noted that she had dealt with the building consent requirements, contacted the Council regarding inspections and engaged a labour-only builder for limited t...

7. BORA Land Transport (Road Safety and Other Matters) Amendment Bill [pdf, 361 KB]

   ...that there are procedural safeguards around vehicle impoundment and mandatory licence suspension. Clause 55 of the Bill provides that in order to extend the mandatory licence suspension period, the Police must make an application to a District Court Judge setting out the circumstances which require an extension. If the extension is granted, the driver has the right to appeal to the High Court. The Act states that the vehicle impoundment or licence suspension ends if the person is acqui...

8. [2016] NZSSAA 028 (20 April 2016) [pdf, 78 KB]

   ...4 Institute met the criteria of s 70(1)(b) of the Social Security Act 1964 and should be deducted from the recipient’s entitlement to New Zealand Superannuation. We are bound by that decision. The appellant suggests that the High Court Judge erred because he was provided with information about the current system and not the system in place when eligibility was acquired. [10] The provisions of s 70 of the Social Security Act 1964 do not require the decision-maker to consider t...

9. OP v PQ LCRO 32 / 2012 (16 August 2012) [pdf, 91 KB]

   ...[19] The Applicant’s unsuccessful appeal added further costs to the original debt. The Practitioner and the Applicant reached an agreement about how the debt would be paid (which included costs agreed at a sum less than the applicable scale). The Judge recorded this agreement in a Consent Order dated 4 November 2010 which stated that the amount to be paid by the Applicant was fixed at $2,955.63, and that this sum would be paid by instalments as agreed between the parties, with paym...

10. JW v QE LCRO 192 / 2011 (19 September 2012) [pdf, 103 KB]

    ...communications where he has breached rules 3 and 10 are as follows:- I’m getting sick and tired of your incessant and tiradal ramblings in this matter. You just don’t know what needs to be done. (Email 8 October 2009.) You are not competent to judge the adequacy of a Legal Complaints Procedure clause. The Law Society has confirmed that my clause is adequate. I suggest you stick to the IT industry. (Email 31 March 2010.) Are you totally incapable of writing a brief email mes...