Search Results

1. Te Manutukutuku Issue 37 [pdf, 5.7 MB]

   ...specialising in water and soil engineering. He is Na Ian Shearer married with four children and also has two mokopuna. Acting Director Fisheries decision endorses Tribunal On 30 April, Lord Cooke of Thomdon delivered the COUl't of Appeal's judgement fOl' the Te Runanga 0 Muriwhenua vs Te Ro­ nanga Nui 0 Te Upolw 0 te 11m Association Inc Appeal Case, In its decision that the allocation of com­ mercial fisheries quota should go to all Maori, the Court of Appeal endor...

2. 2022-03-10-Recusal-reasons-decision.pdf [pdf, 144 KB]

   ...that individual could be significant in the decision of the case … or if, for any other reason, there were real ground for doubting the ability of the judge to ignore extraneous considerations, prejudices and predilections and bring an objective judgment to bear on the issues before him … In most cases, we think, the answer, one way or the other, will be obvious. But if in any case there is real ground for doubt, that doubt should be resolved in favour of recusal. [42] If my recus...

3. Director of Proceedings v Te Whatu Ora [2023] NZHRRT 32 [pdf, 461 KB]

   ...CODE 54. Right 4(1) of the Code states: “Every consumer has the right to have services provided with reasonable care and skill”. 55. SDHB acknowledges that there were multiple missed opportunities by SDHB staff to exercise sound clinical judgement and assess Mrs A’s deteriorating condition critically and to follow the DHB’s policy to escalate Mrs A’s care to the responsible respiratory SMO, and to initiate thrombolysis on a number of occasions when it was clinically indi...

4. LCRO 17/2025 ZG v MY (16 April 2025) [pdf, 178 KB]

   ...view on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. 6 Section 206(2) of the Act. 7 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41] (citations omitted). 10 [38] In a later decision, the High Court described a review by a Review Officer in t...

5. OIA-Compensation for wrongful conviction and detention - rates [pdf, 429 KB]

   ...served under sentence of death $25,000 for each year on parole, community custody, or as a registered sex offender Compensation for child support payments Reimbursement for all restitution, assessments, court costs etc paid as a consequence of judgment Attorneys’ fees calculated at 10% of monetary award, capped at $75,000 No other guidelines 3 years to bring claim West Virginia Yes Court No maximum Damages in a sum of money as the Court determines will fairly and reasona...

6. [2025] NZACC 084 - Chand v Accident Compensation Corporation (14 May 2025) [pdf, 215 KB]

   ...SECTION 149 OF THE ACT BETWEEN SATIS CHAND Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 9 April 2025 Heard at: Christchurch Appearances: Ms Watson for the Appellant Mr Hlavac for the Respondent Judgment: 14 May 2025 ___________________________________________________________________________ DECISION OF JUDGE JACQUI CLARK [Personal Injury – s26 Accident Compensation Act 2001; Weekly Compensation – s100 Accident Compen...

7. Raukawa v Lux - Te Oitahuna Raukawa Whānau Trust (2015) 116 Waiariki MB 288 (116 WAR 288) [pdf, 245 KB]

   ...Respondent Hearing: 57 Waiariki MB 282-291, 5 July 2012 77 Waiariki MB 108-132, 2 May 2013 77 Waiariki MB 284-286, 1 July 2013 95 Waiariki MB 255-312, 2 April 2014 (Heard at Ōpotiki)) Appearances: M Insley, for the applicant Judgment: 08 April 2015 WRITTEN REASONS AND JUDGMENT OF DEPUTY CHIEF JUDGE C L FOX Copies to: Marcia Insley, Tairawhiti Community Law Centre, P O Box 1053, Gisborne 116 Waiari...

8. Ms L v REAA Registrar [2013] NZREADT 47 [pdf, 168 KB]

   ...meaning relevant in this context – to furnish with sufficient proof or information; to assure or set free from doubt or uncertainty; and to convince; or to solve a doubt, difficulty.” [31] Blanchard J, with whom Richardson J concurred in a short judgment, held: “[108] The information which the consent authority must have, in order that it can be properly be “satisfied”, must be adequate for it to make two determinations under s.94(2).” The “Fit and Proper” Person Requi...

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

   ...Notices of Statutory Demand under ss 289 and 290 of the Companies Act 1993, against three of the Entities. Mr ZI asserts that the dispute resolution clause was pointed out to Mr AS, but his strong advice was to issue the statutory demands. Summary judgment proceedings against the Trust were also instituted (it being a Trust and not amenable to the statutory demand procedure). Mr ZI says that Mr AS provided an estimate of $25,000 for all of the litigation. This litigation did not...

10. Boon v Tuwhangai - Kawhia U2B Block [2020] Chief Judges MB 1084 (2020 CJ 1084) [pdf, 309 KB]

    ...Hearing 8 June 2020, 2020 Chief Judge’s MB 481-498 3 August 2020, 2020 Chief Judge’s MB 650-671 (Heard at Hamilton) Kanohi kitea: Appearances M Grayson for Applicant R Jones and M Denton for Respondent Whakataunga: Judgment date 30 October 2020 TE WHAKATAUNGA Ā KAIWHAKAWĀ MATUA ISAAC Judgment of Chief Judge W W Isaac Copies to: M Grayson, Grayson Clements Ltd, DX GB2251, Hamilton 3240 mgrayson@gclegal.co.nz R...