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1. Smith v ACC [2013] NZACA 12 [pdf, 65 KB]

   ...him as he and his wife had both been able to enjoy this sport and he had hoped to teach his children skiing. He also faced 40 years of living with his problem, which would only get worse and cause more frustrations for him and his family. [24] Judge Middleton discussed awards under s 120 ranging between $3,000.00 and $6,500.00 in cases which caused severe loss of mobility, and said that the quantum of awards had not been rising markedly with the rise in inflation and it seemed to him...

2. Auckland Standards Committee 3 v PL [2016] NZLCDT 6 [pdf, 114 KB]

   NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2016] NZLCDT 6 LCDT 007/15 BETWEEN AUCKLAND STANDARDS COMMITTEE 3 Applicant AND PL Respondent CHAIR Judge BJ Kendall (retired) MEMBERS OF TRIBUNAL Ms F Freeman Mr W Smith Mr B Stanaway Mr I Williams HEARING at Specialist Courts and Tribunal Centre, Auckland DATE 14, 15, 16 December 2015 and 25, 26 February 2016 DATE OF DECISION 18 March 2016. Order for non-publicatio...

3. AS v ZI LCRO 71/2012 (21 March 2014) [pdf, 188 KB]

   ...demands. I am not prepared to speculate on the reasons for the costs order and note that there is no suggestion by the High Court that the statutory demand process was being used inappropriately. Indeed Mr AS has indicated that the Associate Judge who dealt with the matters acknowledged that the Court had jurisdiction to deal with the undisputed sums.16 [68] Nor is the question of professional conduct to be resolved by subsequently concluding that a different approach might h...

4. Corrections noncustodial forecast for 2015 to 2025 [pdf, 1.2 MB]

   ...sentence starts, but the parole muster must eventually reflect the trend in offenders entering the system. Hence the number on parole falls slightly and then remains broadly flat. Released on Conditions Released on Conditions orders are imposed by judges at time of sentencing on offenders sentenced to terms of imprisonment of 2 years and below. Table 8, Figure 16 and Figure 17 show the starts and muster for prisoners Released on Conditions, along with the forecasts for 2014 and 20...

5. [2017] NZEnvC 181 Titirangi Protection Group Inc and Ors v Watercare Services Limited and Auckland Council [pdf, 10 MB]

   ...PROTECTION GROUP INC & ORS First Applicant K BERMAN & ORS Second Applicants D & J HUTCHINGS Third Applicants (ENV-2017-AKL-121 ) WATERCARE SERVICES LIMITED First Respondent AUCKLAND COUNCIL Second Respondent Environment Judge JA Smith At Auckland on 25 October 2017 DA Cowan for Titirangi Protection Group Inc and D & J Holdings (the Protection Group) KW Berman for second applicants WS Loutit & SJ Mitchell for Auckland Council (the Council) and W...

6. 2017 Cabinet Paper updating progress on the Ministerial Group family violence work programme [pdf, 259 KB]

   ...the first Pasefika Proud National Pacific Community Leaders Fono in 2016, to build on existing solutions to further address family violence in Pacific families;  In 2016, expanding the bail information pilot from two to eight locations to give judges making bail decisions more information about a defendant’s previous family violence history to help support informed bail decisions;  In late 2015, launching a new disclosure scheme that will make it easier for Police to disclose a...

7. Justice Sector Outlook December 2016 [pdf, 758 KB]

   ...absence of other significant proposals for legislative or operational change. Disposals by case type Forecast Cases Change cf. last year Difference cf. forecast Cases Change cf. last year District Court jury trial 751 720 0% -4% 2753 12% Judge-alone 206 210 4% 2% 809 -2% High Court jury 52 37 -29% -29% 163 37% Court of Appeal 105 97 -10% -8% 502 3% High Court appeal 268 257 -2% -4% 851 4% Total Crown Law disposals 1382 1321 -2% -4% 5078 8% Last 12 months Current quarter...

8. LCRO 64/2018 IG v PC (1 August 2018) [pdf, 283 KB]

   ...PC’s fees for representing Mr E before that court (including preparation), were reasonable. Mr PC was in effect arguing that Mr E may be estopped from now challenging those fees. [88] I note that in the Employment Court’s judgment on costs, the judge noted that Mr A had submitted that “costs usually follow the event and should be calculated on the 14 basis that the successful party is to be awarded a reasonable contribution to costs actually and reasonably incurred” (em...

9. LA Audit Report 2018-2019 and 2019-2020 [pdf, 401 KB]

   ...provider other than very brief notes of outcomes on some documents, and on two files, written sentencing submissions.” “Any notes on the file are scribbled on police or probation documents. The notes do not disclose dates of appearances or judges or registrars sitting… No final letter, nor any other evidence of communication with client on the file.” “There is no record of any telephone attendances or other meetings with the client or notes of instructions taken or advice...

10. [2020] NZEnvC 194 Clutha District Council v Otago Regional Council [pdf, 1 MB]

    ...MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 194 of the Resource Management Act 1991 of an appeal under s 120 of the Act CLUTHA DISTRICT COUNCIL (ENV-2019-CHC-132) Appellant OTAGO REGIONAL COUNCIL Respondent Court: Environment Judge J E Borthwick Environment Commissioner A C E Leijnen Hearing: at Dunedin on 23 September 2020 Appearances: S Peirce for the appellant M Mehlhopt for the respondent Date of Decision: 19 November 2020 Date of Issue: 19 November 2...