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1. Regulatory Impact Statement: Amendments to the Sentencing Act 2002 [pdf, 1 MB]

   ...to sentencing (set out in appendix 1), judges consider the individual circumstances of the case, guided by the overall framework of the purposes and principles as they are set out in the Sentencing Act 2002. The judiciary considers any guidelines judgments and previous cases that consider similar offending. The Court must also consider an offender’s previous convictions as an aggravating factor at sentencing, among other aggravating factors set out in Section 9 of the Sentencing Act....

2. [2010] NZEmpc 111 Smith v Stokes Valley Pharmacy (2009) Limited [pdf, 126 KB]

   SMITH V STOKES VALLEY PHARMACY (2009) LIMITED WN 26 August 2010 IN THE EMPLOYMENT COURT WELLINGTON [2010] NZEMPC 111 WRC 14/10 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN HEATHER SMITH Plaintiff AND STOKES VALLEY PHARMACY (2009) LIMITED Defendant Hearing: 9 and 10 August 2010 (Heard at Wellington) Appearances: Peter Cranney and Carolyn Mayston, Counsel for Plaintiff Tim Cleary, Counsel for Defendant Judgmen

3. LCRO 149/2023 HV v BQ (2 April 2024) [pdf, 401 KB]

   ...Client’s potential Claim as set out in the Agreement”. [6] The “Project” was defined as: … the Claim Investigation and the conduct of the Proceedings in order to achieve Resolution of the Claim, with the aim of maximising Settlement or judgement proceeds, net of Project Costs, in respect of the Claim as quickly as possible, having due regard to all risks, and, in particular, the Proceedings being unsuccessful. [7] All capitalised terms in the above definition were also defin...

4. [2017] NZEnvC 207 Auckland Council [pdf, 734 KB]

   ...Council (as consent authority) also states that it will extend the time for making submissions under s97 of the Act from 20 to 30 workings days, using its power under s37(1 )(a). [48] Those proposals appear sufficient on a practicable basis, in my judgment, to achieve widespread opportunities for persons who are likely to be interested in this application for resource consent to receive direct notice of the application so that they may decide whether or not they wish to make a submi...

5. Robinson v ACC [2012] NZACA 9 [pdf, 640 KB]

   ...Court order and jointly as me,. <",. Langhome orders. 4 Garners Dictionary of Legal Usage (Third Edition) defines "order" as "(1) a command or direction; (2) a . written direction ... In sense (2), order is distinguished from judgment and decree: An order is the or determination of the court upon some subsidiary or collateral matter arising In an action, not disposing of the merits, but adjudicating a preliminary point or directing some step in the proceedings.&quo...

6. TH v CY LCRO 32/2014 (14 October 2016) [pdf, 94 KB]

   ...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. [19] More recently, the High Court has described a review by this Office in the following way:2 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination...

7. LCRO 201/2017 ZK v XM (29 June 2018) [pdf, 288 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. [23] More recently, the High Court has described a review by this Office in the following way:4 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee deter...

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

   ...rate, sentence mix or imposed sentence length. The proportion of remandees becoming sentenced prisoners is also assumed to remain constant. Scenarios explore impact of alternative assumptions These projections are based on assumptions and expert judgement, and thus subject to uncertainty. This is a particular challenge during times of change in underlying patterns. We have prepared two scenarios around our baseline projection of 12,200 by 2025-2026. Scenarios enable us to examine th...

9. Justice Sector Outlook December 2016 [pdf, 882 KB]

   ...rate, sentence mix or imposed sentence length. The proportion of remandees becoming sentenced prisoners is also assumed to remain constant. Scenarios explore impact of alternative assumptions These projections are based on assumptions and expert judgement, and thus subject to uncertainty. This is a particular challenge during times of change in underlying patterns. We have prepared two scenarios around our baseline projection of 12,200 by 2025-2026. Scenarios enable us to examine th...

10. Waudby - Wharepuhunga 16B8 (2004) 107 Waikato MB 163 (107 W 163) [pdf, 5.2 MB]

    ...that they may be prejudiced when the time came to seek benefits from the Trust". If that is the reason behind Ms Waudby's refusal to give the names of the other owners for whom she acted then, as Judge Carter stated (at page 18 of his judgement) the Trust should do its best to show owners that they need not fear such prejudice. This can be done in a number of ways, for example setting up transparent decision-making processes relating to the allocation of benefits to th...