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1. Complaints Assessment Committee 408 v Reed [2017] NZREADT 6 [pdf, 226 KB]

   ...constitute misconduct? [51] We turn to consider the issue set out at [24][b], above. We note that in the light of our findings regarding the breaches of rr 10.2, 10.3, and 9.1, we are not required to consider the issue set out at [24][c]. [52] In its judgment in Barfoot & Thompson Ltd v Real Estate Agents Authority,7 the Court of Appeal summarised the obligations imposed by ss 134 and 135. Briefly paraphrased, the Court said: [a] The client’s consent is effective only if gi...

2. Proposed model for establishing a Criminal Cases Review Commission - Redacted [pdf, 282 KB]

   ...for the prerogative of mercy. This is because the prerogative of mercy is not an opportunity to repeat arguments or re-examine evidence that have already been considered by the courts. 56. It is also not the Executive’s role to substitute its judgement for that of an appellate court, particularly when the court has yet to be given an opportunity to exercise that judgement. This is the position in the UK, Scotland and NZ. 57. Section 406 of the Crimes Act, however, makes it explicit t...

3. [2022] NZEnvC 252 Page v Whanganui District Council [pdf, 349 KB]

   ...75, being the ninth decision on proceedings arising out of the proceedings between the Council and Mr Page and Ms Wilson. 27 Page v Wanganui District Council [2018] NZHC 332. 28 The lack of appeal from the original decisions was noted in various judgments, including Page and Wilson v Wanganui District Council [2013] NZEnvC 75 at [12]. This was reiterated in later, separate decisions: Page v Official Assignee and Whanganui District Council [2016] NZHC 1988 at [36]; Page v Official Assig...

4. Adams v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 013 [pdf, 452 KB]

   ...[34] Ms Brown submitted the reports of Mr Van Dalen and Dr Black are comprehensive and should be preferred by the Court. Mr White submitted though Dr Black refers to his experience in his reports, he does not say what that experience is. The judgments of this Court in the jurisdiction acknowledge that Dr Black is an experienced and highly regarded specialist in occupational medicine.2 [35] In this case, I prefer the explanations provided by Dr Black and find his reasoning is pla...

5. Feaver v Accident Compensation Corporation (Work-Related Personal Injury) [2023] NZACC 210 [pdf, 438 KB]

   ...GROUP LIMITED Second Respondent Hearing: 3 October 2023 Heard at: Christchurch/Ōtautahi Appearances: Mr P Sara for the Appellant Mr C Hlavac for the First Respondent Mr S Winter, advocate for the Second Respondent Judgment: 18 December 2023 _____________________________________________________________________ RESERVED JUDGMENT OF JUDGE C J MCGUIRE [Work Related Personal Injury s 30 Accident Compensation Corporation 2001] ___________________...

6. O’Rourke v Accident Compensation Corporation [2024] NZACC 166 (22 October 2024) [pdf, 279 KB]

   ...AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 17 October 2024 Held at: Nelson District Court Appearances: S Harris for the Appellant J Maslin-Caradus for the Accident Compensation Corporation (“the Corporation”) Judgment: 22 October 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for treatment injury - s 32, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 30 August 2...

7. Appendices (Abortion Supervisory Committee) [pdf, 2.8 MB]

   Crimes Act 1961 Part 8 – Crimes Against The Person - Duties tending to the preservation of life - Homicide - Murder, manslaughter, etc. - Abortion - Assaults and injuries to the person - Female genital mutilation - Bigamy, feigned marriage - Abduction, kidnapping Abortion 182 Killing unborn child (1) Every one is liable to imprisonment for a term not exceeding 14 years who causes the death of any child that has not become a human being in

8. [2024] NZEmpC 93 Television New Zealand Ltd v E Tū Incorporated [pdf, 327 KB]

   ...ZEALAND LIMITED Plaintiff AND E TŪ INCORPORATED Defendant Hearing: 28-29 May 2024 Appearances: P Wicks KC, J Hardacre, B Simmonds and N Whiteman, counsel for plaintiff S Mitchell KC and P Cranney, counsel for defendant Judgment: 31 May 2024 JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS Introduction [1] Television New Zealand Limited (TVNZ) has been experiencing a decline in revenue, predominantly because of the challenges associated with a t...

9. Chief Victims Advisor report Thats a lie PDF [pdf, 693 KB]

   That’s a lie Sexual violence misconceptions, accusations of lying, and other tactics in the cross-examination of child and adolescent sexual violence complainants Dr Isabel Randell Report August 2021 That’s a lie’: Sexual violence misconceptions, accusations of lying, and other tactics in the cross-examination of child and adolescent sexual violence complainants Table of Contents Summary .........................

10. [2012] NZEmpC 90 Walker v Procare Health Ltd [pdf, 313 KB]

    ...Hearing: 14, 15, 16, 19, 20 and 21 September 2011 and 7, 8, 9, 10 and 24 February 2012 (Heard at Auckland) Appearances: Vicki Jane Walker in person assisted by Robert Hillier (support person) Richard Harrison, counsel for the defendant Judgment: 15 June 2012 JUDGMENT OF JUDGE A D FORD Introduction [1] Between August 2005 and December 2007 the plaintiff, Ms Vicki Walker, was employed by the defendant (ProCare), initially for a short time as Management Accountan...