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1. [2023] NZSSAA 7 (30 March 2023) [pdf, 260 KB]

   ...interpretation is consistent with the purpose of the Home Help Programme being temporary as it involves both a new application to verify eligibility and to verify exceptional circumstances. [11.9] Exceptional circumstances can be easily verified through the application form. The Ministry’s own records can also confirm if not receiving a grant would cause serious hardship. [11.10] Under the legislation, special assistance programmes such as Home Help payments are to be treat...

2. [2012] NZEmpC 189 Haig v Carrington Farms & Ors [pdf, 250 KB]

   ...Postponement of limitation period in case of fraud or mistake Where, in the case of any action for which a period of limitation is prescribed by this Act, either— (a) the action is based upon the fraud of the defendant or his agent or of any person through whom he claims or his agent; or (b) the right of action is concealed by the fraud of any such person as aforesaid; (c) the action is for relief from the consequences of a mistake,— the period of limitation shall not b...

3. 2022 archive

   This is the What's new for legal aid lawyers archive for news items from 2022. For current news items, please see the main What's new for legal aid lawyers section. Updated Legal Aid Outcomes of Budget 2022 Annual Report - Legal aid payments published Post Implementation Review - Improving the Legal Aid Provider Experience - Survey Reminder FLAS audit results Post Implementation Review - Improving the Legal Aid Provider Experience Ministry of Justice to begin distributing Christchurch mental he

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4. [2013] NZREADT 62 – REAA v Clark (23 July 2013) [pdf, 303 KB]

   ...Karen Clark that the complainant was due to confirm the contract but, given that she could not obtain consent for her building plans, the contract was at an end. [33] In her final statement in evidence-in-chief the complainant stated: “Again, throughout this period I was never provided with anything in writing that said Karen Clark would benefit from the sale of the section at 7A Taylors Avenue, Christchurch by Karen Clark or Astrid Clark”. [34] In the course of thorough cross-...

5. Henderson v Nisbet - Karamu GB (Balance) [2024] Chief Judge's MB 156 (2024 CJ 156) [pdf, 316 KB]

   ...expressly intended to gift all of her shares in that block over to her two brothers. The present Court record does not therefore align with the intentions of the deceased’s 1992 gifting application. 3. The applicant seeks to have matters resolved through the Court correcting its records to be in accordance with the gifting application of the deceased, maintaining that at present, the Court has completed only half of the gifting of 504.037 shares to Pine Pango Henderson and not th...

6. OIA-99969.pdf [pdf, 23 MB]

   f: '.1 ~ $( MI N! STRY OF ' 11§JtH JUSTICE 1,,, ~"'.(; '1. , Tii/111 o te T,,,-, 20 December 2022 Section (9) (2) (a) Section (9) (2) (a) Justice Centre I 19 Aitken Street OX SX10088 I Wellington T 04 918 8800 I F 04 918 8820 contactus@justice.govt.nz I www.justlce.govt.nz Our ref: OIA 99969 Tena koe II Official Information Act request: Broadening the Privacy Act's notification rules Thank you for your email of 12 October 2022, requesting

7. [2019] NZEnvC 188 Elly S-Y Pan v Auckland Council [pdf, 3.2 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: IN THE MATTER AND BETWEEN AND Decision [2019] NZEnvC Ii~ of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule to the Act ELLY S-Y PAN (ENV-2018-AKL-000162) Appellant AUCKLAND COUNCIL Respondent Environment Judge D A Kirkpatrick sitting alone under s 279 of the Act Date of Decision: 2. I N ove,IN\ lce.J 20 l C( Date Issued: .:).. \ N o"e""&#03

8. OIA-118936.pdf [pdf, 3.3 MB]

   ...defendant must actively invoke. The defendant can choose not to invoke the defence and defend the claim on its merits, although this is rare. 20. In the Redress Report, the Royal Commission distinguished the circumstances of survivors seeking redress through the courts from other types of civil claims: “Limitation periods are primarily intended to encourage cases to be brought as soon as reasonably practicable, avoid difficulties in proving claims because of the passage of time, suc...

9. BK v YM LCRO 177 / 2010 (14 April 2011) [pdf, 129 KB]

   .......at our meeting, Mrs [YM] explained to both [BK] and me that as she was acting for [AAU] as vendor and lender, the National Bank as lender, and for us as buyers and borrowers, she had a conflict of interest and offered us the opportunity to obtain separate legal representation, prior to our entry into the loan and security documentation with both the Bank and with [AAU]. I understood from what Mrs [YM] said that [AAU], the Bank and ourselves potentially had opposing interests in the t...

10. [2017] NZSSAA 47 (27 September 2018) [pdf, 259 KB]

    ...home, that can affect their entitlement to a jobseeker support benefit. In this appeal, a disputed issue is whether the appellant’s repayments of principal on her mortgage should be deducted from her income for benefit purposes. The appellant, through her advocate, says that the repayments of principal should be allowed as a deduction against the income. The Ministry says that the mortgage principal repayments are not an expense but repayment of a liability which puts the appell...