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1. International Covenant on Civil and Political Rights - summary record 5th report [pdf, 88 KB]

   ...Court Rules Committee was in the process of amending the rules to allow judges to make decisions earlier in proceedings where counsel failed to take agreed steps or to appear. 17. With regard to the compatibility of the Prisoners’ and Victims’ Claims Act 2005, he acknowledged the Committee’s concerns and those put forward by non- governmental organizations. However, the Act did not preclude an award of compensation where appropriate. Any deduction of amounts from the compensatio...

2. ZF v XC LCRO 266/2013 (19 February 2015) [pdf, 103 KB]

   ...appear when read together or even if clause 3 is read on its own to provide a complete regime for the disposal of the property of AB. Clause 4 appears to provide confirmation of this. Clause 5 does not appear to contradict this. In our view therefore claims of the children other than on the moral basis that they are in financial difficulties, are not in the least bit persuasive. 12. The question is where do we go from here. Mr HH and his clients obviously have no ability to tell the exe...

3. LCRO 5/2020 AJ v BN (30 September 2020) [pdf, 263 KB]

   ...complaint, immediately inform her the firm could not act for her further unless, after receiving independent advice, she gave her informed consent? Analysis (1) Disclosure, act competently – issues (a), (b) (a) Parties’ positions [41] AJ claims BN, by failing to advise her about the land covenant, had not acted competently and in a timely manner, had not protected or promoted her interests, and had been negligent. [42] BN acknowledges he did not inform AJ about the land co...

4. LCRO 45/2020 MN v RK (22 December 2020) [pdf, 249 KB]

   ...entitled to lodge a caveat over the property by virtue of argument that a constructive trust was in place? [36] The Committee concluded that there were no grounds to register a caveat, and no discernible basis for an institutional constructive trust claim. [37] Issues as to whether there is a right to caveat a title are matters that can be robustly contested. [38] The judgment in Boat Harbour Holdings Ltd v Steve Mowat Building and Construction Ltd4 reinforces that the Courts may...

5. [2020] NZEnvC 126 Beresford v Queenstown Lakes District Council [pdf, 334 KB]

   ...Attorney readily qualifies under s274(1)(c) in “representing a relevant aspect of the public interest”. I accept the explanation of these matters in his s274 notice.10 It explains that Sticky Forest is held by the Crown subject to the Ngāi Tahu Claims Settlement Act 1998 and Ngāi Tahu Deed of Settlement 1997. That is as “substitution redress land”. In essence, it is in substitution for land which the Crown intended to transfer under the South Island Landless Natives Act...

6. [2022] NZACC 19 - McBryde v ACC (9 February 2022) [pdf, 453 KB]

   ...contemporary notes confirm Mr McBryde reported significant ongoing pain in both thoracic and lumbar regions. [5] In or around April 1994, Mr McBryde made a return to work and was certified as partially incapacitated. [6] In May 1994, an additional claim was filed for a fracture of the L1 vertebra. The claim for cover indicated that Mr McBryde had significant pain, and a referral to Mr Howie, orthopaedic surgeon, had been made. Cover was accepted for that injury. [7] Mr Ho...

7. [2020] NZEnvC 025 Willis Bond Capital Partners No. 3 Limited [pdf, 914 KB]

   ...must, subject to Part 2, have regard to- (a) any actual and potential effects on the environment of allowing the activity; and (b) any relevant provisions of- (i) a national environmental standard: (ii) other regulations: (iii) a national policy statement: (iv) a New Zealand coastal policy statement: (v) a regional policy statement or proposed regional policy statement: (vi) a plan or proposed plan; and (c) any other matter the consent authority considers relevant and reasonably...

8. LCRO 104/2019 RY v DN (1 May 2020) [pdf, 273 KB]

   ...contribution was diminished as a consequence of a failure on her part to meet her reasonable obligations in respect to maintenance of the property, matters which were addressed by the Court; and (o) Mr DN had provided Ms RY with a copy of the settlement statement following completion of the purchase; and (p) Ms RY was incorrect to contend that Mr EW held Ms EJ’S power of attorney at the time of the purchase; and 6 (q) Mr DN held no information confidential to Ms RY which com...

9. LCRO 53/2023 PN v QZ (26 October 2023) [pdf, 278 KB]

   LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2023] NZLCRO 124 Ref: LCRO 053/2023 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a decision of the [Area] Standards Committee [X] BETWEEN PN Applicant AND QZ Respondent The names and identifying details of the parties in this decision have been changed. Introduction [1] The applicant, Ms PN has ap

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

    ...stressful, but stress can be reduced by altering the physical environment to better manage encounters with the accused and their supporters. • Victims can participate through having their views heard prior to bail decisions, presenting a victim impact statement at sentencing, and submissions to the Parole Board when an offender is being considered for release. These are important means of victims participating in the criminal justice system and having their views heard. However, while...