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1. McDonald v Accident Compensation Corporation [2015] NZACA 14 [pdf, 207 KB]

   ...Corporation. Section 93(2) sets out the details required to be given: (2) Every such notice shall be given in writing, and shall state the nature and cause of the injury and the date, time and place at which the accident happened … 21 [101] The particulars given on the claim form of 18 September 1992 identified the amputation surgery of March 1979 as the accident, as a bone spike had been left on the stump causing continuing pain. Over many years, this was the subject o...

2. Gorgus v Corrections [2023] NZHRRT 22 [pdf, 316 KB]

   ...and other allegations made against him had been impacted upon. We are not of the opinion that any of these matters are sufficiently linked to the Corrections’ failure to provide Mr Gorgus with his personal information to show a loss of benefit. [101] Mr Gorgus has failed to satisfy us that Corrections’ failure to provide personal information to him was sufficiently connected to any loss of benefit. Accordingly, we decline to make any award to Mr Gorgus under that head. HUMILIATION...

3. [2021] NZACC 130 - Dunnage v ACC (6 August 2021) [pdf, 465 KB]

   ...bring the case to a conclusion for his family. But I find myself unable to do so because of the gaps in information I have referred to. I am unable to adjourn it to obtain the evidence as I retire at the end of next week. Deemed decision [101] I reject the appellant’s argument on the deemed decision issue, that ACC had to legitimately claim that it was unable to make a decision before exercising the time extension. While it may have been a form letter that was sent to Mr Blac...

4. LA - practice standards for legal aid providers [pdf, 522 KB]

   ...which the lawyer is either solicitor or counsel. Where any such evidence is contentious then the solicitor or counsel will need to seek leave to withdraw and the Ministry should be advised promptly. Dealings with Other People A lawyer must: 10.1 In dealing with Judges, other lawyers, litigants in person, experts, court staff and the Ministry of Justice, conduct him or herself in a courteous and professional manner in order to encourage and not impede good working relationships....

5. [2021] NZEmpC 95 Concrete Structures (NZ) Ltd v Rottier [pdf, 365 KB]

   ...Regrettably, the company had not advised him of this when sending him away. [100] At the hearing, it was argued that no payment was made because the company had a right to forfeit any wages due in the event of a termination under the IEA. [101] That was not a correct understanding of the legal position under the IEA. The right of forfeiture applied to a provision in the IEA which related to termination of employment. It did not relate to the provision that described abandonmen...

6. Eichelbaum report [pdf, 441 KB]

   ...best practice 9.1 The “conviction” children 9.2 Professor Davies’ opinion 3 9.3 Dr Sas’s opinion 9.4 My comments 10. Terms of Reference (1)(c) (the nature & extent of risk to which any breaches of best practice give rise) 10.1 Interviews 10.2 Contamination 11. Terms of Reference (3) (whether any matters which give rise to doubts about assessment of children’s evidence to an extent which would render convictions unsafe and warrant grant of pardon) 11.1...

7. LCRO 43/2021 CAT Ltd v ZEN Lawyers Ltd (28 October 2021) [pdf, 217 KB]

   ...into whether Mr BV had breached any professional duties or obligations owed to CAT. [100] However, further delay will inevitably cause inconvenience to both parties. There is benefit for the parties in bringing this matter to conclusion. [101] I am also mindful, that whilst the Committee amended the complaint to exclude Mr BV, its investigation, whilst progressed in the guise of a complaint against ZEN, inevitably paid close attention to the steps taken by Mr BV. 17 [102] T...

8. Young-Adult-List-Operating-Guidelines2.pdf [pdf, 5.8 MB]

   ...Appendix 16 – Intervention Plan form Page 100 Appendix 16 – Intervention Plan form Page 101 Appendix 17 – Intervention Plan form Duty Lawyer Page 102 Appendix 17 – Intervention Plan form Duty Lawyer Page 103 Appendix 17 �

9. Youth Court - 10 suggested characteristics of a good youth justice system [pdf, 188 KB]

   ...Together they comprise what could be called a “Pacific specific, youth focussed, juvenile justice system”. 1. Minimum and Maximum Ages for Youth Court Jurisdiction a. The New Zealand Situation In New Zealand, the age of criminal liability is 10.1 A “child” is defined as someone under the age of 14 years and a “young person” is defined as an unmarried person aged 14 or over, but under 17 years of age.2 1 Crime...

10. Teina Pora compensation claim quantum report [pdf, 9 MB]

    ...assistance but I accept it was reasonable to engage him. His costs are modest. Doctor McGinn 100. Doctor McGinn has provided valuable input at both stages of this application. Her time (21 hours) and hourly rate ($200) are reasonable. Conclusion 101. I conclude that pecuniary losses reasonably payable under the available heads of loss are: (a) Loss of livelihood (b) Loss offuture earning abilities (c) Costs incurred on behalf of Mr Pora Total : $100,000.00 $100,000.00...