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1. [2013] NZEmpC 85 Aarts v Barnados New Zealand [pdf, 328 KB]

   ...continues even after the employment has ended. A hypothetical example might include a contractual obligation to provide a former employee with a job reference. The ongoing refusal by the former employer company to provide such a reference might be aided or abetted by the managing director of the company, making that person potentially liable for a penalty for aiding or abetting the ongoing breach. That is not, of course, the situation here but illustrates the point. [27] I have a...

2. Auckland Standards Committee 4 v O'Boyle [2021] NZLCDT 15 (29 April 2021) [pdf, 381 KB]

   ...[49] – [55] Did Ms O’Boyle take reasonable care, in the original letter, when dealing with Mr C’s alleged untruthfulness? [56] – [66] Did Ms O’Boyle take reasonable care in alleging misuse of Departmental devices to interfere with Legal Aid, and in making allegations about Ms P in the covering letters? [67] – [70] Was the original letter sent to convey the client’s complaint under the State Sector Code of Conduct? [71] – [74] • What is misconduct? [75] – [...

3. Justice Statistics data tables - notes and trends June 2019 [pdf, 158 KB]

   ...(such as drug and family violence offences), specific justice processes (such as bail and offending on bail, and discharge without conviction), aspects of the Family Court (such as protection order applications), and specific justice services (such as legal aid and collections).2 All charges and convicted charges In 2018/2019, there were 213,318 charges finalised in court (for children, young people and adults). The number of charges decreased by 4% from 221,758 charges in 2017/2018 an...

4. Regulatory Impact Statement improvements to district court rules [pdf, 66 KB]

   ...documents as parties seek to address every possible argument in the opposing party’s form. 16. The forms were intended to enable non-lawyers to complete them. However, most parties are represented by lawyers, with about 95 percent of cases taken by legally represented plaintiffs. 2 Calculated from the date the notice of claim is filed. 5 | Regulatory Impact Analysis: Regulatory Impact Statement – Improvements to District...

5. Family Court rewrite submission: Blind Citizens NZ [pdf, 132 KB]

   ...appearing in court on a custody matter for example, on the correct day/time and at the right location. ▪ A blind person receiving information that is inaccessible to them, sought help from the Justice System. The advice they received was to seek legal advice, which actually, they could not afford. In our view, situations such as this are unacceptable! ▪ When a bailiff serves a blind person with documentation, they cannot inform them about the contents of the package served. If...

6. Canterbury Earthquakes Insurance Tribunal [pdf, 295 KB]

   ...and using independent technical experts where necessary. Most claims are expected to settle within 3.5 years. 6. General Law: Rather than deciding cases based on ‘equity and good conscience’ the Tribunal will apply existing contract law and legal precedent. This will mitigate some of the concerns raised by insurers and therefore not affect the NZ insurance market. 7. Legal aid: Legal aid will be available to eligible parties. However, given the value of property that is subject...

7. BD v EG LCRO 374/2013 & 376/2013 (30 November 2015) [pdf, 67 KB]

   ...children’s share shall be to a nominated account and trust created by Mrs BD for the benefit of the children and Mr BD shall not question or have any input into the terms of the trust deed or as to the trustees. 27 Each party will pay their own legal costs in relation to all of these proceedings out of their respective shares. [6] Although the agreement is not certified pursuant to s 21F of the Property (Relationship) Act 1976 (PRA), it records that Mrs BD received advice fr...

8. Tapp - Waerenga a Hika Maori Cemetary (2012) 26 Tairawhiti MB 199 (26 TRW 199) [pdf, 74 KB]

   ...98, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Waerenga a Hika Māori Cemetery AND ANTHONY TAPP Applicant (Heard at Gisborne) Counsel: John Kahukiwa Judgment: 5 November 2012 INTERIM DECISION ON SPECIAL AID Solicitor: Mr J Kahukiwa, Corban Revell, PO Box 21180, Henderson, Auckland 0650 Email: JKahukiwa@corbanrevell.co.nz mailto:JKahukiwa@corbanrevell.co.nz 26 Tairawhiti M...

9. Duty lawyers

   This section has resources for duty lawyers and other legal aid provider rosters. It includes information about the operation of the duty lawyer service and the responsibilities of duty lawyers. Management of the duty lawyer rosters Admission to duty lawyer rosters Operational policy Duty lawyer instructions for Alcohol and Other Drug Treatment (AODT) courts Duty Lawyers in the Young Adult List Duty lawyer rosters Warrant of Commitment roster Mental Health roster Management of the duty lawyer...

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10. X v Secretary for Justice [2023] NZRA 002 (26 April 2023) [pdf, 242 KB]

    ...Justice Date of Decision: 26 April 2023 ___________________________________________________________________ DECISION ___________________________________________________________________ Application for Approval as a Provider of Criminal Legal Aid Services [1] On 5 November 2022, the Applicant applied to the Secretary for Justice (“the Secretary”) for approval to provide criminal legal aid services at approval level 4 (as defined in the Schedule (“Schedule”) to t...