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1. Whats New for lawyers providing Legal Aid

   This is the What's new for legal aid lawyers archive for news items from 2025. For current news items, please see the main What's new for legal aid lawyers section. Client email addresses will be included in your letters Legal Aid Applications for Substance Addiction Act proceedings Legal Aid  - Refugee Practice Standards Court of Appeal judgment on the Legal Services Commissioner v Fawcett case Duty Lawyer Rostering Changes – Transition Plan & Survey   Issue with Westpa

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2. Comparing NZCASS with Police statistics

   ...the same way as Police do wherever possible. Is it dealt with as a crime? Not all incidents reported to Police end up recorded as offences.  An offence is not recorded if, at any stage after the initial report, Police judge that an offence (in law) probably did not occur. In addition, where offences are minor and Police and the victim believe attendance is sufficient to resolve the situation, these offences may also not be recorded (for example the case of some threats). NZCASS counts...

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   3. New Zealand Crime & Victims Survey (NZCVS) >
   4. New Zealand Crime & Safety Survey (NZCASS) >
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   6. How to interpret and use NZCASS results

3. BC v GT & TT [2022] NZDT 134 (31 August 2022) [pdf, 102 KB]

   ...decide: - whether BC has proved that there are in fact cracks in the concrete floor of the area and, if so, - whether the cracks were covered in the settlement that TT and GT made with EQC and, if so - what compensation should be paid to BC. - The law [10] BC bases his claim on his argument that TT and GT misrepresented to him that earthquake repairs had been completed. I accept that is so. The parties’ sale and purchase contract, and TT’s email, cited above, both clearly stat...

4. [2021] NZEnvC 141 Waimakariri District Council [pdf, 501 KB]

   ...that email, the case manager asked whether the consultant was seeking that her enquiry be referred to Judge Borthwick. The consultant replied the same day to the effect that this was Survus’ preference “provided we are not contravening any law”. Her email added: 4 We have tried to get information from the Council but have been unable to get clear direction. We just need to advise our Clients and we have a number of applications in process which may be affected by a s86...

5. Deputy Registrar - Kotuku A2B2C (2010) 6 Taitokerau MB 232 (6 TTK 232) [pdf, 32 KB]

   ...Council and should be recorded as General land. Crown Property Services Limited, acting on behalf of the Whangarei District Council, agrees that the land is vested in the Whangarei District Council but says that it is “legal public road.” The law [6] Section 129 of the 1993 Act sets out the various statuses of land in New Zealand. Section 129(3) provides: 6 Taitokerau MB 234 129 All land to have particular status for purposes of Act ...(3) Notwithstandi...

6. Dorrance v Accident Compensation Corporation (Late Filing to the District Court) [2023] NZACC 190 [pdf, 164 KB]

   ...Dorrance leave to file her appeals out of time. The Corporation accepts that the delay in the appeals is relatively minor, and that the Corporation has not suffered any specific prejudice due to the delay in lodgement of the appeals. Relevant law [5] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be receiv...

7. RA Form 1 - Application for Review [pdf, 1.5 MB]

   ...Important Information for Representatives: If you act for the Applicant without written authority, the Review Authority will inform the Secretary for Justice, which may affect your provider status. It may also make a complaint to the New Zealand Law Society. You must inform the Review Authority immediately if you cease to represent the Applicant in matters related to this application. (Please tick the boxes that apply) I declare that I have written authority to act on behalf of the...

8. [2018] NZEmpC 135 Solid Roofing Ltd v Newman [pdf, 232 KB]

   ...determination of the Authority could not cover the costs determination. In respect of the first determination of the Authority, it follows that Solid Roofing Ltd is asking the Court to exercise its discretion to intervene in what is a lawful enforcement process.4 [13] For the Court to exercise its discretion to order a stay, there must be evidence before the Court justifying the exercise of that discretion. The principles which the Court follows in exercising the discretio...

9. Johnston v Anderson - Herapeka Hinewehi Ahu Whenua (2016) 147 Waiariki MB 37 (147 WAR 37) [pdf, 209 KB]

   ...the applicant’s suggested improvements, such as allowing video conferencing. [13] The trustees consider that the application was unnecessary; the trustees were getting ready for a review of trust anyway, in accordance with the trust deed. The Law [14] Section 79 of Te Ture Whenua Māori Act 1993 sets out the Court’s power to order costs: 79 Orders as to costs (1) In any proceedings, the court may make such order as it thinks just as to the payment of the costs of those pro...

10. Richardson v Burns (Strike-Out of Second Defendant) [2017] NZHRRT 30 [pdf, 145 KB]

    ...the Act the defendant is a person “in respect of whom an investigation has been conducted” by the Privacy Commissioner under Part 8 of the Act as to HIPC r 10. [14] The relevant statutory provisions and the Tribunal’s well-established case law were most recently reviewed in Fehling v Ministry of Health (Strike-Out of Second Defendant) [2016] NZHRRT 29 at [32] to [45] and it is not intended to repeat what has been said there. It is sufficient to note that for the reasons given our...