Search Results

1. BORA Eden Park Trust Amendment Bill [pdf, 253 KB]

   ...greater scrutiny. 23. In addition, the High Court rules were recently amended to remove the use of a person’s status as subject to a compulsory treatment order under MH(CAT) as a proxy for legal capacity. The Rules Committee accepted the joint statement of the Director of Mental Health and the Chief Advisor, Disability Services, that ‘it cannot be assumed that all individuals who are compulsorily detained under the [MH(CAT)] will be legally incapacitated’.2 24. Most recent...

2. [2020] NZEmpC 208 Wei v Sunlight JMB Future Ltd [pdf, 255 KB]

   ...costs as ridiculous and commented that no one forced the company to hire a lawyer. The view he expressed was that the company should be responsible for its own costs, because of its choice to appoint a lawyer. He coupled that comment with a bold statement that the tax problem the company faces was reported to IRD and that more legal action against the employer would be taken. [45] I am satisfied that Sunlight has established the appropriateness of ordering security for costs. Thi...

3. Immigration New Zealand (Carley) v De'Ath [2019] NZIACDT 1 (10 Jan 2019) [pdf, 220 KB]

   ...difficult to agree to this without knowing the basis of the reasonableness of the $3,000 sought. [15] Mr Moses submits that the appropriate sanction should be: (1) censure; and (2) an order for a moderate financial penalty. [16] There is a statement from Mr De’Ath (4 December 2018). He accepts the Tribunal’s findings in its substantive decision and acknowledges being responsible for not meeting the professional standards. Recognising this, he has now placed a licensed ad...

4. McLeod v McIver - Succession to Harai McIver (2019) 401 Aotea MB 58 (401 AOT 58) [pdf, 310 KB]

   ...will and wishes. Latavinia says they went through the list at the 19 January hui and at no time was the allocation of Wainui shares to Robin disputed by either Eunice or Lois. [20] In conclusion, Latavinia says she disagrees with the latest statement by Eunice and Lois stating that Harai’s wishes were never tabled at any time and that they never had an opportunity to discuss them. She can, however, accept that they may have forgotten. Latavinia concludes as follows: On beha...

5. Template-Comprehensive-Whanau-Trust-Order-Final-Version-30-June-2020.doc [doc, 101 KB]

   ...reviews of trust Māori LAND COURT standard WHĀNAU TRUST ORDER INTRODUCTION A. The Māori Land Court ("Court") has constituted a whānau trust for the purposes set out in this Trust Order (“Order”). B. The Trustees have consented to become the Trustees of this Trust subject to the powers, duties and obligations set out in this Order. C. The Trustees have acknowledged that familiarity with this Order is critical to their role as trustee. D. The Court gives the T...

6. LCRO 144/2018 BG v NH (26 May 2020) [pdf, 140 KB]

   ...and above all not adhered to your obligations as set out in the Rules of Conduct and Client Care for Lawyers. [10] Mr NH communicated with Mr EM. He did not accept any of the complaints raised. [11] Mr EM’s response1 included the following statement / comment: Mr BG has stated that he had paid you approximately $1,500 in total. This amount of refund can be accepted only if you accept the mistakes highlighted and issue a letter in this regard i.e. poor service apology letter. T...

7. COVID-19 Justice Sector Survey - Report 4 for the period 5 to 11 May 2020 [pdf, 1.6 MB]

   ...The survey interviews people who have taken part in the New Zealand Crime and Victims Survey (NZCVS) and have said they are happy to participate in future research. NZCVS uses a randomly selected nation-wide sample. The proportion of people who consented to participate in future research is very high (more than 90%). This means that a sample used by COVID-19 Justice Sector Survey may be also considered random. Approximately 370 people are contacted each week aiming to achieve approxi...

8. COVID-19 Justice Sector Survey - Report 5 for the period 12 to 18 May 2020 [pdf, 1.7 MB]

   ...The survey interviews people who have taken part in the New Zealand Crime and Victims Survey (NZCVS) and have said they are happy to participate in future research. NZCVS uses a randomly selected nation-wide sample. The proportion of people who consented to participate in future research is very high (more than 90%). This means that a sample used by COVID-19 Justice Sector Survey may be also considered random. Approximately 370 people are contacted each week aiming to achieve approxi...

9. COVID-19 Justice Sector Survey - Report 6 for the period 19 to 25 May 2020 [pdf, 923 KB]

   ...The survey interviews people who have taken part in the New Zealand Crime and Victims Survey (NZCVS) and have said they are happy to participate in future research. NZCVS uses a randomly selected nation-wide sample. The proportion of people who consented to participate in future research is very high (more than 90%). This means that a sample used by COVID-19 Justice Sector Survey may be also considered random. Approximately 370 people are contacted each week aiming to achieve approxi...

10. COVID-19 Justice Sector Survey - Report 7 for the period 26 May to 1 June 2020 [pdf, 698 KB]

    ...The survey interviews people who have taken part in the New Zealand Crime and Victims Survey (NZCVS) and have said they are happy to participate in future research. NZCVS uses a randomly selected nation-wide sample. The proportion of people who consented to participate in future research is very high (more than 90%). This means that a sample used by COVID-19 Justice Sector Survey may be also considered random. Approximately 370 people are contacted each week aiming to achieve approxi...