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1. Morgan v Accident Compensation Corporation [2018] NZACA 01 [pdf, 197 KB]

   ...persuade Morgans to hold the job open. On the evidence before me, Ms Morgan did not advance a claim for ERC based on prospective earnings prior to 2013. I appreciate this was because she did not know of that possibility, but she does bear some responsibility for advancing and making good entitlement claims under the Act. I accept the Corporation also bears some of the blame, but this does not justify returning the calculation of ERC to the Corporation given the absence of any rat...

2. [2017] NZEmpC 4 Marx v Southern Cross Campus Board of Trustees [pdf, 137 KB]

   ...position. The Board’s summary was filed and served accordingly. [31] The primary purpose of cross-examination is to explore the basis for the evidence that is given under oath. It may be that Mrs Marx did not anticipate some of the responses that came out of cross-examination, but that is not an uncommon occurrence in litigation. It would create an intolerable burden on the courts and the successful litigant if a party could seek a rehearing simply because they wish tha...

3. BORA Financial Advisers Bill [pdf, 375 KB]

   ...fair way. Natural justice requires, inter alia, that a decision-maker hears all parties, whether in writing or orally. The parties need to receive adequate notice of a decision, hearing or complaint. 66. Several provisions in the Bill give the responsible Minister or the Commission the ability to make decisions that affect the interests of financial advisers or approved professional bodies (for example, clause 45 - Withdrawal of approval) 67. MED advises that in reality, throughout t...

4. BORA Criminal Proceeds and Instruments Bill [pdf, 350 KB]

   ...disproportionate. 29. Similarly, in Gilligan v Criminal Assets Bureau[14] the Irish High Court held that the State has a legitimate interest in the forfeiture of the proceeds of crime and concluded that the Irish Proceeds of Crime Act 1996 was a proportionate response to the problem of the accumulation and use of assets which are directly or indirectly derived from crime. 30. In our view, to the extent that s 21 is engaged by the making of restraining orders and forfeiture orders under...

5. Evidence Brief: Prisoner Education and Employment [pdf, 548 KB]

   ...recidivism effect, which means that programmes that impact on employment also tend to impact on recidivism. This implies that employment and crime may be causally related, but it is also possible that self- selection bias is at least partially responsible for this link (i.e. people who are motivated to find a job and desist from crime are also more likely to take advantage of correctional education opportunities). Other factors In a recent narrative review of prisoner...

6. Evidence Brief: Early Interventions for Under 13s [pdf, 372 KB]

   ...trained, enthusiastic programme delivery staff who use high quality programme manuals and receive professional supervision • having participants who are actively engaged in the content of the programme; this, in turn, increases their responsiveness to the content. The AGCP states that it is important that programmes to manage childhood conduct problems take into account the co-existing problems (e.g. learning difficulties) that these children are likely to have.xv S...

7. Māori Land Court Minute Book Referencing [pdf, 470 KB]

   ...recently national minute books. This fact sheet provides a guide to minute book: • naming conventions • series types • syntax • hints and tips • abbreviations. Naming Conventions Historically each registry office of the court was responsible for the creation and maintenance of their minute book series. Like other regional courts, judicial officers and their support staff travel to different locations across New Zealand to hear and determine applications. I...

8. [2017] NZEnvC 154 W Hansen Haupouri Partnership v Hastings District Council [pdf, 992 KB]

   ...about which different views could reasonably exist, we do not encourage any application but, as a matter of formality, we reserve the question of costs. Any application should be lodged within 15 working days of this decision being issued, and any response is to be lodged within a further 10 working days. ~ Dated at Wellington this l \? day of September 2017 12 Appendix - full texts of s31, s32 and s32M RMA 31 Functions of territorial authorities under this Act (1) Every te...

9. CAC 409 v Brady [2019] NZREADT 21 (23 May 2019) [pdf, 219 KB]

   ...in accordance with the same. If the property is on a Composite or Unit Title then such title is to the Owners best knowledge and belief free from defect (including additions, extensions and alterations to the property). 8. Mr Ball had primary responsibility for the listing. [Mr Brady] was not involved in the listing or marketing of the property apart from two progress meetings with Mr Derrick and Mr Ball. [Mr Brady] did not view the property. 9. An auction for the property wa...

10. Te Moni - Wharepouri Te Moni [2020] Chief Judge's MB 544 (2020 CJ 544) [pdf, 379 KB]

    ...to include Tapene Te Moni and Rewa Matenga in the succession. They have one month from the date of this preliminary decision to file such material. [20] The Registrar is then directed to forward that material to the applicant for a response within 14 days. At that point, all material should be forwarded to me for my final decision. [21] If those in opposition file nothing further within the above time frame there will be an order made pursuant to section 44(1) of Te Tu...