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1. [2022] NZEnvC 175 Greensmith v Auckland Council [pdf, 1.5 MB]

   ...However, this was only after Ms Greensmith had incurred costs and lost the ability to enforce the fencing costs order against the neighbouring property; and (g) the Council's position was unmeritorious, because it failed to produce cogent and probative evidence to support the Abatement Notice, despite the requests from Ms Greensmith. Council's response [13] The Council responded to the application. Its response was supported by an affidavit from Jonathan Bruce Reddell,...

2. Grant v Grant - Succession to Harry Grant (2021) 104 Tairawhiti MB 122 (104 TRW 122) [pdf, 275 KB]

   ...Eru Patuwai MDI DOD 25/10/2020 1/15 5d Kihini Patuwai FDNI Infant N/A 5e Watene Patuwai MDNI Infant N/A 6 Keegan Grant (whāngai) M N/A [3] The deceased left a will dated 24 January 1979 but the whānau do not intend to seek a grant of probate. The will provides: I GIVE DEVISE AND BEQUEATH all of my property both real and personal whatsoever wheresoever and of what nature or kind so ever including any property over which I may have a power of appointment unto my trustee...

3. s-7-Report-Returning-Offenders-Management-and-Information-Amendment-Bill.pdf [pdf, 678 KB]

   ...commission of the offence and sentencing? 17. On the first question, the immediate consequence of a determination that a person is a returning prisoner is that they are subject to standard release conditions (for example, mandatory reporting to a probation officer, inability to leave New Zealand without consent). It is possible that a person could also be subject to special release conditions (for example, electronic monitoring of whereabouts), and requirements to supply of ident...

4. MOJ0342.2-Homicide-factsheet-FEB22-PRINT.pdf [pdf, 689 KB]

   ...punishment (sentence) the offender will be given. Depending on the seriousness of the charges, the court may sentence the offender straight away, or order a sentence report before sentencing the defendant on a later date. These reports are prepared by probation officers and usually take a few weeks to prepare. In some cases, you’ll be given the opportunity to attend a restorative justice conference. 3 If the defendant pleads not guilty, a prosecutor will present the case to the j...

5. MOJ0344.2-factsheet-Affected-by-crime-Nov21-PRINT.pdf [pdf, 654 KB]

   ...punishment (sentence) the offender will be given. Depending on the seriousness of the charges, the court may sentence the offender straight away, or order a sentence report before sentencing the defendant on a later date. These reports are prepared by probation officers and usually take a few weeks to prepare. In some cases, you’ll be given the opportunity to attend a restorative justice conference. If the defendant pleads not guilty, a prosecutor will present the case to the judg...

6. OIA-Tauranga Courthouse [pdf, 4.5 MB]

   ...space is reduced to the point of inadequacy. 1. The floor area is reduces by about a third. 2. As per level 2, the courtroom sizes have been reduced. 3. There does not appear to be a large LIST Court with facilities for all those needed – probation, restorative justice, press, social worker, A&D practitioner etc – previously raised. 4. There does not appear to be any separate access or area for a/the Youth Court. 5. Sight lines for the public in the three larger Courts a...

7. Victims of crime in the adult criminal justice system: a stocktake of the literature [pdf, 1.1 MB]

   Commissioned by Ministry of Justice Victims of crime in the adult criminal justice system: A stocktake of the literature by Dr Elaine Mossman October 2012 Contents Executive summary .................................................................................................... i Structure of the report ....................................................................................................... vi Part one: In

8. NZCVS Social Wellbeing Report Tables [xlsx, 589 KB]

   ...parts of the criminal justice system (2018/2019) 3.3 Perceptions of the Police (2018/2019) 3.4 Perceptions of criminal lawyers (2018/2019) 3.5 Perceptions of judges (2018/2019) 3.6 Perceptions of juries (2018/2019) 3.7 Perceptions of probation officers (2018/2019) 3.8 Perceptions of the prison service (2018/2019) 3.9 Perceptions of groups that provide services for victims such as Women's Refuge, Rape Crisis, Victim Support (2018/2019) 3.10 Perceptions of the...

9. Nicholas v Kameta - Estate of Whakaahua Walker Kameta Te Puke 2A2A3B1 and 2A2A3B2 [2011] Māori Appellate Court MB 500 (2011 APPEAL 500) [pdf, 265 KB]

   ...opportunity for the Appellants to seek to have Nigel Kameta made available for cross-examination and to raise the issues outlined in Andre Nicholas’ affidavit produced for the Court dated June 2010. [11] In addition, it was our view that the probative value of the evidence was doubtful given its highly contested nature and the main issues for determination before the Court. We also did not believe that the threshold tests in Hoko – Papamoa 2A1 6 had been met. Thus the appli...

10. Tane v Tanetinorau Opataia Whanau Trust - Hauturu East 7 [2013] Chief Judge's MB 119 (2013 CJ 119) [pdf, 673 KB]

    ...is not directed at whlinau interests or purposes, and this "highlights the improbability of beneficial owners agreeing to the establishment of a whenua topu !lust if they had been properly informed". It is submitted that there is ample probative evidence that the requirements for forming a whenua topu !lust were not met. [46] It is TIlliher submitted that there are clear adverse effects of the 1995 order: The obvious adverse effect is that in 1995, if views opposing the when...