Search Results

1. [2021] NZREADT 35 - Brady (7 July 2021) [pdf, 287 KB]

   ...property at 415 Bremner Road for K&D. Mr Brady presented the vendors with offers by K&D to buy the property in August 2016, February 2017, May 2017, and early June 2017. With the exception of the offer presented in May 2017 (which was in response to an invitation to tender from the vendors) the offers were presented on Agreements for Sale and Purchase that recorded the Agency’s name and Mr Brady as manager and salesperson in the “sale by” section. [c] On 27 June 2...

2. [2022] NZACC 7 – Calzadilla v ACC (20 January 2022) [pdf, 361 KB]

   ...injury came as a major physical and psychological blow to her. There are comments on the file about weight gain, use of alcohol and cancelled or missed appointments with rehabilitation services. [89] ACC had to twice remind the appellant of her responsibilities to attend such appointments or risk weekly compensation payments being stopped. [90] The process of rehabilitation and re-engagement in employment following injury is rarely if ever, a straightforward exercise. Major chal...

3. Legal-Aid-Projection-Report-2022.pdf [pdf, 328 KB]

   ...sector outcomes by designing and delivering legal services and enhancing access for those people who need those services but cannot afford them. LAS aims to deliver these legal services in a way that is sustainable, dynamic, straightforward and responsive to the needs of its primary customer (the legally aided person). LAS receives and assesses applications for legal aid and administers the resulting grants of aid. Legal aid is available in all jurisdictions of the court (criminal,...

4. [2023] NZEnvC 276 Danone Nutricia v Otago Regional Council [pdf, 485 KB]

   ...disagreed, affidavits were filed in support of the stay application from Alexandra Badenhop and Mark Crawford, addressing the likely effects of a continuation of the wastewater discharge in breach of the 4 discharge permit conditions. Danone’s response to the Regional Council [10] On receipt of the Regional Council’s notice of opposition, Danone sought further opportunity to respond to the Regional Council’s position. Directions were made by the court for a further exchange...

5. Hart v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 68 [pdf, 221 KB]

   ...way, he suffered a significant aggravation or new injury on 31 October 2021 and is deserving of ACC cover/investigation and treatment. [44] At the end of his report, Dr Walls said this: With respect to your specific questions: 1. What is your response to the decision that Carl was not incapacitated to work due to his 31 October 2021 accident? A I would consider, from his description today, that Carl was incapacitated by 31 October 2021 accident. 2. If he was incapacitated due...

6. Jury-Trials-Timeliness-cabinet-material_FINAL.pdf [pdf, 399 KB]

   ...12:48:42 I N C O N F I D E N C E appeal court workloads.3 Initial assessment of the impacts indicates that resourcing for the courts will need to shift, from the jury to judge-alone trial, and their respective appeal, jurisdictions. 25 Police are responsible for prosecuting most judge-alone trials, while jury trials are prosecuted by the Solicitor-General, through Crown Solicitors.4 An increase in judge- alone trials will decrease the number of cases prosecuted by Crown Solicitors, but...

7. Regulatory Systems Amendment Bill [pdf, 218 KB]

   ...to be legally qualified and experienced. Bring the appointment criteria into better alignment with other Tribunals where there is no requirement to hold an active practising certificate. 58. Parole Act 2002 Make the Remuneration Authority responsible for determining the remuneration of all New Zealand Parole Board (NZPB) members. Remove a conflict of interest that is a potential source of visible bias. As remuneration for these four roles is set by Cabinet in accordan...

8. Manning v Cushing - Waitutu Incorporation (2025) 97 Te Waipounamu MB 145 (97 TWP 145) [pdf, 296 KB]

   ...subsidiary company rather than in the Incorporation itself? [30] Ms Holloway said that the proceedings for the 2001 application did not resolve the problems that Mr Malloy raised. However, as noted Judge Wainwright was satisfied by the Incorporation’s responses and did not think the matters raised at that time required investigation. I acknowledge that uncertainty and lack of finality arises from the fact Judge Wainwright’s decision was appealed, and then that the further appeal t...

9. Proactive-Release-Administration-Act_FINAL-v2.pdf [pdf, 1.7 MB]

   ...proportional basis regardless of the total estate size; the current amount is inflexible and does not account for different ownership structures; and this single amount does not account for geographic variation in housing prices. 7 The Government’s response to the Law Commission report was tabled at Parliament on 15 June 2022. It said the Ministry will consider the Law Commission’s recommendations on succession and any additional policy work required to reform and modernise the law N...

10. Auckland Standards Committee 3 v Ellis [2018] NZLCDT 4 [pdf, 398 KB]

    ...is not whether the interests of the client are in conflict, but whether the separate duties (emphasis ours) which the practitioner owes to each of the clients are in conflict. The position is described in these terms in Webb, Ethics, Professional Responsibility and the Lawyer (2nd ed., 2006), para 7.1, in these terms: “It has been stated that a central aspect of the duty of loyalty is the obligation of a lawyer not to act for two clients whose interests conflict. However, this oblig...