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1. Criminal Cases Review Commission: areas for further discussion - Redacted [pdf, 334 KB]

   ...however, against the possible inappropriateness of overriding judicial discretion and any implication that the courts will not take an independent 9 Similar to Oranga Tamariki (Residential Care) Regulations 1996, s 16(5) where “[a]ny person acting as an advocate for a child or young person under this regulation shall be afforded reasonable assistance and access to records concerning the child or young person that are relevant t...

2. 2017 NZSSAA 066 (22 November 2017) [pdf, 119 KB]

   ...phone. Ms XXXX says she needed a phone for her personal safety because she was at risk of domestic violence. [34] The client notes confirm that Ms XXXX lost her phone; was six months pregnant, required the phone for medical reasons, had a protection order and required the phone should she need to contact the Police. The file note also records that she agreed to repay this grant at $2 per week and that, at that time, Ms XXXX was $990.36 over her advance entitlement. 19 April...

3. High quality legal aid services [pdf, 466 KB]

   ...well handled and although the plea was fairly straightforward there was evidence of the client’s cooperation […] and the provider was able to push matters to the extent that a good sentence was handed down. On each file reviewed, the facts are carefully analysed, relevant law applied and clear defence strategy/advice given; invariably resulting in outcomes in the band of very good to excellent. In criminal legal aid there was good use of the sentence indication process as a means to...

4. Sionepulu v Downer and Police (Costs) [2012] NZHRRT 22 [pdf, 76 KB]

   ...schedule or the High Court scale: Smith v Air New Zealand (HRRT Decision 37/02, 4 April 2006) at [8]. [21] However, it has equally been recognised that Parliament has conferred the particular jurisdictions which the Tribunal exercises in part to protect access to justice for litigants who might otherwise be deterred by the costs and complexities of proceeding in the courts: Herron at [7]. Each case must be decided on its own facts: Orlov v Ministry of Justice and Attorney-General [200...

5. [2022] NZACC 86 - Foster v ACC (11 May 2022) [pdf, 186 KB]

   ...award costs. (c) Review decision of 11 March 2021: dismissing the claim that there were two deemed decisions in Ms Foster’s favour. (a) 9 November 2020 review decision Background [2] Ms Foster was born in 1972, and she worked as a health care assistant. [3] On 20 May 2015, Ms Foster reported spinal pain following lifting at work. On 25 May 2015, Dr Willem Jordaan, GP, lodged a claim for lumbar sprain. Cover was granted and entitlements were paid. [4] On 9 May 2016, WellNZ,...

6. Appellant v The Real Estate Agents Authority (CAC 410) & Geoffrey Twigden [2017] NZREADT 79 [pdf, 236 KB]

   ...allegations against him. In its substantive decision, the Committee found that Mr Twigden had engaged in unsatisfactory conduct under s 72(b) of the Act (contravening a provision of the Act or the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”) by: [a] failing to provide a written appraisal of the property, in breach of r 10.2 of the Rules; and [b] failing to provide [the appellant] with the approved guide as to the sale of a residential...

7. 05.-Evidence-of-Mr-Lindsay-Poutama-Ngati-Tukorehe.PDF [PDF, 221 KB]

   ...values, which I also developed together with Ms Rump. These values have since evolved, and in their current form are: (a) Te Tiriti (spirit of partnership); (b) Rangātiratanga (leadership – professionalism – excellence); (c) Ūkaipotanga (care – constructive behaviour towards each other); (d) Pukengatanga (mutual respect); (e) Manaakitanga (generosity – acknowledgement – hospitality); (f) Kaitiakitanga (environmental stewardship); (g) Whanaungatanga (belonging- teamw...

8. BT v WN Ltd [2023] NZDT 14 (19 April 2023) [pdf, 111 KB]

   ...matters claimed by BT in this application are referred to in the additional conditions. BT admits the specific conditions have been met. [11] A further condition of sale in the standard contract is that a boat survey is mandatory before sale for the protection of both the buyer and seller. In this case BT waived this condition after being warned not do so WN Ltd. The contract was amended, and BT signed appendix B of the agreement, a survey waiver. In doing so BT agreed that by waiving...

9. [2019] NZEnvC 143 Granger v Dunedin City Council [pdf, 2.3 MB]

   ...application be declined. While the appellants did not appeal against the conditions of consent, the conditions are material to our determination of this appeal and go to the heart of the reasons for the appeal, which asserts that the decision fails to protect the outstanding natural landscape and natural character of the coastal environment. [10] As matters stand, we are not satisfied that we have a proper understanding of the level of effects on the environment that could ensue....

10. [2019] NZEnvC 189 508 Chapel Road Partnership Trust v Auckland Council [pdf, 2.2 MB]

    ...activities, which is to provide for the community's social, economic and cultural wellbeing, while being compatible with the scale and intensity of development anticipated by the zone so as to contribute to the amenity of the neighbourhood and the protection of residential character and amenity. 5 [17] The JWS goes on to identify that although the noise issues were not the reason for refusal, they were satisfied with some amendments to the conditions and the noise management ....