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  1. [2022] NZACC 162 — Folkema v ACC (18 August 2022) [pdf, 273 KB]

    ...Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Submissions: B Hinchcliff for the Appellant F Becroft and L Hawes-Gandar for the Respondent Judgment: 18 August 2022 JUDGMENT OF JUDGE P R SPILLER [Leave to appeal] Introduction [1] This is an application for leave to appeal against a judgment of Her Honour Judge Henare, delivered on 10 May 2022.1 On 9 November 2020, the Corporation declined Mr Folkema’s claim fo...

  2. Glossary

    ...Usually there will be a jury trial, but a judge-alone trial can be ordered in some cases. certified copy A copy of a document that had been signed and certified as a true and correct copy by someone who has the legal authority to do so. chambers A judge's office. The term can also mean when a judge is dealing with procedural issues in a case not in open court (such matters are said to be dealt with 'in chambers'). charge A formal statement (usually by a Police officer) that a person is accus...

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  3. MOJ0040.1_JUN22_WEB.pdf [pdf, 78 KB]

    ...ways to make sure you don’t reoffend. A trained facilitator will be at the conference to keep everyone safe and supported and to make sure the discussion stays on track. Restorative justice takes place before you’re sentenced in court. The judge will consider any agreements made during the conference at the time you’re sentenced. Talk to your lawyer if you want to know more about or do restorative justice. Who provides restorative justice services? Restorative justice servic...

  4. Māori Land Court - Rule 5.11 Schedule - August 2017 [pdf, 1.3 MB]

    ...pursuant to rule 5.11(2)(b) of the Māori Land Court Rules 2011 being applications which are 6 months or older as at 31 August 2017, and which are currently held by the Registrar in the District set out, or, in the case of applications to the Chief Judge of Māori Land Court or those to the Māori Appellate Court, by the Chief Registrar. This is a snapshot of applications as at 31 August 2017 and some applications that appear on this schedule may already have been dealt with by the Co...

  5. Specialist reports in the Family Court 2022 [pdf, 164 KB]

    ...reports in the Family Court Information to help the court better understand your child’s background M O J0 60 2_ JU L2 1 To find out more, go to justice.govt.nz/family/about To better understand your case and your child’s background, the judge might ask an expert to write a specialist report. There are four different types of report: • a cultural report might be asked for to look at issues such as ethnicity, language and religion • a medical report might be asked for if the...

  6. 10.2 Appendix B: New terminology

    ...parties. The defendant's lawyer must file it with the court before case review. Case review is the hearing at which any matters raised in the CMM can be actioned. Following case review, proceedings that are still being defended will be adjourned to a judge-alone trial or a trial callover (jury trials only). Judge-alone trial - Judge-alone trials are the default trial for category 1, 2 and 3 offences, although a defendant charged with a category 3 offence may elect jury trial. A judge-alone tria...

  7. [2007] NZEmpC AK 40/07 Clear v Waikato DHB [pdf, 60 KB]

    ...Plaintiff AND WAIKATO DISTRICT HEALTH BOARD Defendant Hearing: 15 June 2007 (Heard at Auckland) Appearances: Mark Hammond, counsel for plaintiff Geoff Bevan, counsel for defendant Judgment: 28 June 2007 INTERLOCUTORY JUDGMENT OF JUDGE M E PERKINS Introduction [1] The plaintiff seeks leave to commence a challenge by way of a de novo hearing against a determination of the Employment Relations Authority at Hamilton on 13 February 2007. Through oversight on...

  8. Richards - Karaka Huarua A and B (2010) 10 Taitokerau MB 94 (10 TTK 94) [pdf, 85 KB]

    ...Karaka Huarua A & B ROSE RICHARDS WHAKATAU GEORGE FLORENCE PITA RAYMOND DAVIS WERO KARENA Applicants Hearing: 21 November 2008 28 October 2009 (Heard at Whangarei) Judgment: 30 September 2010 RESERVED JUDGMENT OF JUDGE D J AMBLER Introduction [1] The present application arises out of the Maori Appellate Court’s decision of 6 December 2005 (6 APWH 260-270) wherein it agreed with lower Court’s refusal to grant partition orders in relation to Karak...

  9. Fehling v Appleby (Recusal Application) [2014] NZHRRT 11 [pdf, 65 KB]

    ...line. In the Australian case of Ebner v Official Trustee in Bankruptcy the leading judgment was given by Gleeson CJ and McHugh, Gummow and Hayne JJ. They stated the governing principle that, subject to qualifications relating to waiver or necessity, a Judge is disqualified “if a fair-minded lay observer might reasonably apprehend that the judge might not bring an impartial mind to the resolution of the question the judge is required to decide”. As that judgment proceeds to observe, tha...