Search Results

1. BORA Criminal Proceeds and Instruments Bill [pdf, 350 KB]

   ...sentenced of an offence.[16] 37. The United States Supreme Court in United States v Ursery[17] held that in rem civil forfeitures are neither "punishment" nor criminal proceedings for the purposes of double jeopardy. 38. We note also the judgment of the Court of Appeal in Daniels v Thompson[18] held that: "In our view it would be erroneous to treat the word "punished" in section 26(2) as embracing punishment outside the ambit of the criminal process and its ass...

2. CAC 409 v Brady [2019] NZREADT 21 (23 May 2019) [pdf, 219 KB]

   ...verifying the information provided by Mr Derrick, or recommending that Mr Derrick seek advice from his solicitor. Should Mr Brady be found guilty of misconduct or unsatisfactory conduct? Submissions [19] Mr Simpson submitted that an error of judgment or carelessness breaching acceptable standards will generally be unsatisfactory conduct. He submitted that on the basis of the agreed summary of facts, the threshold of serious incompetence or serious negligence is not met in th...

3. [2021] NZACC 63 – Carr v ACC (20 April 2021) [pdf, 236 KB]

   ...CARR Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 13 April 2021 Held at: Auckland/Tāmaki Makaurau Appearances: M Darke for the appellant F Becroft for the Accident Compensation Corporation Judgment: 20 April 2021 RESERVED JUDGMENT OF JUDGE P R SPILLER [Vocational independence – s 107Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 28 June 2019. The Reviewer dismis...

4. Reece v Accident Compensation Corporation (Weekly Compensation) [2022] NZACC 226 [pdf, 216 KB]

   ...POWELL GROUP Second Respondent Hearing: 18 November 2022 Held at: Hamilton/Kirikirioa Appearances: M Darke for the Appellant and Mr Reece by audio link K Anderson for the first respondent A Sharp for the second respondent Judgment: 30 November 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Weekly compensation – s 103, and Personal injury caused by physical injury - s 26(1)(c), Accident Compensation Act 2001] Introduction [1] The following appeals have...

5. [2022] NZACC 80 – Jamieson v ACC (6 May 2022) [pdf, 215 KB]

   ...Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 27 April 2022 Held at: Auckland/Tāmaki Makaurau By AVL Appearances: The appellant was self-represented L Hawes-Gandar and F Becroft for the respondent Judgment: 6 May 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for personal injury – ss 25-26 , Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 11 January 2021. The...

6. CW v Accident Compensation Corporation (Claim for Mental Injury) [2022] NZACC 241 [pdf, 202 KB]

   ...BETWEEN CW Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 2 December 2022 Held at: Wellington/Te Whanganui-a-Tara by AVL Appearances: B Hinchcliff for the Appellant F Becroft for the Respondent Judgment: 12 December 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for mental injury - s 26(1)(c), Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 22 February 2022. The Rev...

7. [2021 NZACC 149 – Garside v ACC (30 September 2021) [pdf, 276 KB]

   ...Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 22 June 2021 Heard at: Nelson/Whakatu Evidence completed: 2 September 2021 Appearances: The appellant in person Mr H Evans for the respondent Judgment: 30 September 2021 ____________________________________________________________________ RESERVED JUDGMENT OF JUDGE DENESE HENARE [Entitlement to surgery s67 and Schedule 1 of the Accident Compensation Act 2001] ______________...

8. McLeary v ACC (Personal injury) [2024] NZACC 74 [pdf, 228 KB]

   ...ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 17 April 2024 Held at: Wellington by AVL Appearances: The Appellant is self-represented F Becroft for the Accident Compensation Corporation (“the Corporation”) Judgment: 23 April 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for personal injury, ss 20, 25, 26, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 2 May...

9. Family legal aid fees - consultation paper [pdf, 816 KB]

   ...o The legally aided person requires an interpreter/translator or has barriers to communication (which don’t require an interpreter/translator) Fee can only be claimed once per case. Post-Defended Hearing Activity Fees Tasks Review of Judgment $140 For Receiving and considering judgment Advising client on implementation of judgment Reporting to client Reporting to and invoicing Ministry of 17 Justice Review Hearing (Court-directed) $240 For Revi...

10. Legal aid final family consultation paper - 10 February 2012 [pdf, 816 KB]

    ...o The legally aided person requires an interpreter/translator or has barriers to communication (which don’t require an interpreter/translator) Fee can only be claimed once per case. Post-Defended Hearing Activity Fees Tasks Review of Judgment $140 For Receiving and considering judgment Advising client on implementation of judgment Reporting to client Reporting to and invoicing Ministry of 17 Justice Review Hearing (Court-directed) $240 For Revi...