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1. Speaking about cultural background at sentencing: section 16 of the Criminal Justice Act 1985 [pdf, 1.5 MB]

   ...any assistance to the case. The section provides the only opportunity for a lay person not under oath to address the court. Section 16 was designed essentially with the Mäori community in mind, although it was worded broadly enough to have a general application to all offenders. It allowed representatives of the offender the opportunity to participate at a stage in a case where they would normally in the past have been excluded. It was intended to encourage iwi, hapü, and whänau support...

2. Government-response-to-the-Law-Commissions-report-Class-Actions-and-Litigation-Funding.pdf [pdf, 357 KB]

   ...litigation funders operating without clear guidance. 10 A class action is a civil legal action brought by an individual on behalf of a group or class of people with similar legal interests. Financial barriers exist due to both the costs of bringing a claim to court, as well as the risk of an order for adverse costs which would require the plaintiff to pay the defendant’s costs. Combining many ak1uc0av4w 2022-12-12 17:04:45 I N C O N F I D E N C E 3 I N C O N F I D E N C E...

3. [2022] NZACC 162 — Folkema v ACC (18 August 2022) [pdf, 273 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 162 ACR 64/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPLICATION UNDER SECTION 162(1) OF THE ACT FOR LEAVE TO APPEAL TO THE HIGH COURT BETWEEN MATTHEW FOLKEMA Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Submissions: B Hinchcliff for the Appellant F Becroft and L Hawes-Gandar for th...

4. Young v ACC [2014] NZACA 7 [pdf, 57 KB]

   ...18 August 1980 and said that it was clear that her injuries would no longer prevent her from carrying out a part time job of a similar nature to that which she undertook prior to her accident. No right of review was given, but Ms Young made a late application to review the decision in 2011, which ACC accepted out of time. ACC then made two further decisions in respect of Ms Young’s entitlement to ERC. The first decision dated 15 June 2011 stated: “This is to confirm that the dec...

5. [2024] NZEnvC 198 Middleton Family Trust v Queenstown Lakes District Council [pdf, 984 KB]

   ...essence, ‘landscape capacity’) to each LCU or specified areas of them. That is according to a six-point qualitative rating scale ranging from Very Low to High.2 WBRAZ policies give direction for how those ratings apply including in the application of rules for the subdivision and development of land. [11] Under the decision version PDP, Sch 24.8 prescribes a rating of ‘Low’ to that part of LCU 4 that includes the Site, (i.e. the area described as “the undeveloped low l...

6. [2013] NZEmpC 152 The Salad Bowl Ltd v Howe-Thornley [pdf, 243 KB]

   ...have been preserved. They both speak for themselves and, in some instances, tend to confirm the probable accuracy of one party’s account of what was spoken. These records also assist in gauging the reasonableness of what one or other party claims to have assumed from their content. [6] The interview provided an opportunity for Ms Westphal to assess the defendant’s appearance, demeanour, experience and theoretical suitability for the job. It also allowed the defendant to ask q...

7. CBA v LKJ Ltd [2014] NZHRRT 13 [pdf, 205 KB]

   ...single woman), her age and her past history and ability to cope (her disability). The first two grounds were not pursued at the hearing and the plaintiff’s case was in the final event advanced as a case based on disability. The defence to this claim is that the decision not to offer treatment was a clinical judgment and that the potential benefits of the treatment were outweighed by the risks to the plaintiff and to any child born as a result of the treatment. Further, the decision w...

8. Clarke v Rewha - Hauai No 2G Sec 2B (2019) 186 Taitokerau MB 68 (186 TTK 68) [pdf, 366 KB]

   ...68 IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20170001479 UNDER Section 18(1)(a), Te Ture Whenua Māori Act 1993 IN THE MATTER OF Hauai No 2G Sec 2B BETWEEN LOUISE CLARKE and ROBERT CLARKE Applicants AND EDITH REWHA Respondent Hearing: 25 September 2018, 180 Taitokerau MB 242-294 (Heard at Whangārei) Appearances: R Mullins, for Respondent R Clarke and L Clarke in person Judgment: 21 Fe...

9. ENV-2016-AKL-000xxx Terra Nova Planning Limited v Auckland Council [pdf, 2.3 MB]

   ...outcomes. Relief Sought TNP submits that the provision of a hamlet subdivision and development rules of the kind currently in the ADP: Rodney Section to apply to the same or equivalent rural zones; provided that such rules should be generically applicable to qualifying sites and not dependant on prior identification by the council. Subdivision in the Future Urban Zone The Future Urban Zone provisions of the PAUP will essentially ‘lock‘ landowners into a zone with Rural P...

10. [2021] NZACC 104 - A v ACC (16 July 2021) [pdf, 309 KB]

    ...basis. As time passed “A” began to struggle with mental health issues. He was getting some professional help for this but it was not enough. By February 2018 he was no longer able to work and the business was sold. [4] His GP made a claim to ACC on 16 October 2017. His claim was accepted by ACC on 30 March 2018 and he was granted cover for work related mental injuries. His diagnoses were Post Traumatic Stress Disorder (“PTSD”) and Major Depressive Disorder (“MDD�€...