Search Results

1. Decision Document - Mental Health Rosters [pdf, 448 KB]

   ...deal with roster complaints that cannot be resolved by the mental health administrator • deal with complaints in the first instance of any other nature. The lawyer’s role The rostered lawyer is to approach a patient who is scheduled to see a Judge or Tribunal and offer legal assistance. A patient may choose their own approved lawyer or if they have been through the judicial hearing process previously they may wish to have the same lawyer acting for them again. Where a patient d...

2. Ha v The Real Estate Agents Authority (CAC 412) and Griffiths [2018] NZREADT 57 [pdf, 369 KB]

   ...3.2 and 3.3. 3 At 3.6. 4 At 3.7. [17] The Committee considered that it was clear from Mr Ha’s clear defence of his position, the equally clear legal advice that had been obtained by The Professionals and the remarks of the District Court Judge hearing the case on 20 October 2016 that liability for commission payments on the facts of the case was far from clear. The Committee further considered that “[i]t [was] this lack of clarity that should have been brought to the complai...

3. A modern and victim focussed Act [pdf, 393 KB]

   ...jurisdiction in which breaches of PSOs are heard. The Domestic Violence Act is unclear as to whether breaches of PSOs are considered by the civil or criminal court. In practice, breaches of PSOs are heard in the criminal court. The District Court Judges’ submission at select committee sought clarity on which court breaches should be heard in. This was changed to the civil court at select committee. However, this would impose significant cost due to ICT changes and have no demonstrable be...

4. UI Ltd & IC Ltd v JU Ltd & UT Ltd [2020] NZDT 1463 (14 July 2020) [pdf, 250 KB]

   ...implied condition that the goods are reasonably fit for purpose where the buyer makes known to seller (expressly or by implication) the particular purpose for which the goods are required, so as to show that the buyer relies on the seller’s skill or judgement; and the goods are of a description that it is in the course of the seller’s business to supply. Under s139 of the CCLA, there is also an implied condition that goods are of merchantable quality if the goods are bought by descript...

5. Chief Executive Expenses: 1 July 2020 - 30 June 2021 [xlsx, 75 KB]

   ...Executives' breakfast Accepted Chief Executive, DIA Under $100 26 March 2021 Cross-Agency Rainbow Network Chief Executives' breakfast Accepted Deloitte Under $100 30 March 2021 Waitangi Tribunal Members' conference dinner Accepted Chief Judge Isaac, Maori Land Court Under $100 13 April 2021 Dinner for Public Sector Chief Executives Accepted Their Excellencies the Governor-General of NZ and Sir David Gascoigne Under $100 4 May 2021 Pre-Budget breakfast Declined Deloitte Estima...

6. LCRO 63/2021 FB v LK (31 May 2021) [pdf, 166 KB]

   ...challenging the fairness of an agreement will include a focus on the independent legal advice given at the time. If that is found to have been wanting in some material respect, it may lead to the agreement being set aside. [53] If a Family Court judge makes critical comment about a lawyer’s advice in the course of considering an application to set aside an agreement, then as with critical comment made in the course of negligence (or similar) proceedings, this may provide ground...

7. Cooney and Dempsey TRI 2022-100-001 Procedural Order 6 [pdf, 152 KB]

   ...conceptually, the joinder of further claimants increases the size of the claims, whereas joinder of additional respondents introduces the prospect of spreading the same extent of liability between a greater number of liable parties. [72] The Associate Judge did not cite s 72 of the Act, but presumably had s 72(1)(a) in mind, giving the Tribunal the power to determine any liability to a claimant of “any of the parties”. In respect of any such liability, the Tribunal may then det...

8. VAB v Corrections [2022] NZHRRT 31 [pdf, 215 KB]

   ...arbitrariness or partiality, and suspicion of arbitrariness or partiality, on the part of courts. Open justice “imposes a certain self-discipline on all who are engaged in the adjudicatory process – parties, witnesses, counsel, Court officers and Judges”. The principle means not only that judicial proceedings should be held in open court, accessible by the public, but also that media representatives should be free to provide fair and accurate reports of what occurs in court. Given th...

9. Sax v Commissioner of Police (Strike-Out – Discrimination) [2022] NZHRRT 33 [pdf, 173 KB]

   ...arbitrariness or partiality, and suspicion of arbitrariness or partiality, on the part of courts. Open justice “imposes a certain self-discipline on all who are engaged in the adjudicatory process – parties, witnesses, counsel, Court officers and Judges”. The principle means not only that judicial proceedings should be held in open court, accessible by the public, but also that media representatives should be free to provide fair and accurate reports of what occurs in court. Given t...

10. Wilton TRI-2021-100-002 Procedural Order 8 [pdf, 190 KB]

    ...arguable cause of action or defence. The jurisdiction is wider than that of the High Court and it can be fair and appropriate “to strike out a party in circumstances other than where no reasonable cause of action is disclosed”.1 [4] The learned Judge in Vero Insurance2 adopted the comments of Katz J in Saffioti v Jim Stephenson Architect Ltd 3 urging caution in removing a party: [44] Nevertheless, it is my view that the cases where it will be “fair and appropriate” for the...