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1. [2022] NZACC 140 – Beauchamp v ACC (15 July 2022) [pdf, 250 KB]

   ...Ms Maher. Ms Beauchamp did not personally or by Ms Koloni engage in any effective communication with the Corporation about the programme prior to lodging the review. That approach resulted in unnecessary costs being incurred and unnecessary resources being engaged. (b) There were potentially unreasonable delays by the Corporation in implementing the SRNA, regarding provision of the chair and the bed (claims 188 and 190). However, these delays ceased by 22 December 2020 when t...

2. Lealaiauloto-Saofaileta v ACC (Leave to appeal to the High Court) [2024] NZACC 60 [pdf, 214 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … . [38] In Gilmore,3 Dunningham J stated: [55] I accept that, for the purposes of leave,...

3. Baker - Part Lot 1 DP 13787 (formerly Pt Tarawera 5A) (2015) 41 Tākitimu MB 281 (41 TKT 281) [pdf, 256 KB]

   ...Harland’s submissions were to the effect that meaningful constraints on access to those sites have only been asserted against Edward and Jason Baker. [48] Since the present trustees assumed control of the trust fund, they have committed TBWT resources to unsuccessful applications in the Māori Land Court, seeking orders for access to the sites. Nigel Baker argues that that expenditure was not authorised by the terms of the trust, and that the deed should not authorise the commi...

4. [2022] NZEmpC 127 VMR v Aviation Security Service Division of Civil Aviation Authority [pdf, 304 KB]

   ...13 Firm PI 1 Ltd v Zurich Australian Insurance Ltd [2014] NZSC 147, [2015] 1 NZLR 432 at [60]; New Zealand Air Line Pilots’ Association Inc v Air New Zealand Ltd [2017] NZSC 111, [2017] 1 NZLR 948, [2017] ERNZ 428 at [71]. 14 Bathurst Resources Ltd v L&M Coal Holdings Ltd [2021] NZSC 85, [2021] 1 NZLR 696; Vulcan Steel Ltd v Manufacturing & Construction Workers Union [2022] NZEmpC 78 [28]−[30]. [37] Whether or not the rule of contra proferentem will ultima...

5. TSA-Amendment-Act-Combined_FINAL_Redacted.pdf [pdf, 3 MB]

   ...Imprisonment alone is insufficient to prevent all teITorist acts. Designation may also be needed to prevent acts to plan, support, or incite teITorist attacks by others . If a designation was to expire or be revoked, an imprisoned person could use their resources to suppo1t teITorism, invest in other fonns of teITorist financing, make their resources available for teITorist pmposes, and receive suppo1t, including financial support, from others. 7 When a person is designated and imprisone...

6. Curgenven v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 26 [pdf, 286 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law. The District Court judgment [48] His Honour considered the evidence and the relevant law a...

7. GD & WL v RA LCRO 290/2013 (19 August 2014) [pdf, 146 KB]

   ...that he had confirmed all was in order and they would be signing the agreement. The signed Agreement dated 21 June was returned to Mrs RA by Mrs PZ. 2 Letter RA to GD and WL (17 June 2011) at [2]. 3 Resource Management Act 1991, ss 223 and 224. 3 [11] On the following day Mrs RA wrote to Mr GD and Ms WL and recorded the terms of the Agreement. That letter was headed: “Purchase [Name] Road Section”. The first sentence of...

8. Strengthening the family justice system - Word version [docx, 1.2 MB]

   ..._Toc532559405]What we’ve learnt During consultation, people told us:[bookmark: _Hlk535395837][bookmark: _Hlk535395838]“It was highly chaotic. I felt I was sent all over the place. Even internet searches give different results” · Parent · current information resources are difficult to follow · information is provided in formats that not everyone can access (for example, people with disabilities, low level literacy, limited English, no access to technology or living in remote locations)...

9. OIA-109795.pdf [pdf, 2.3 MB]

   ...silence and obliges the accused to provide information to the prosecution which may be used against him. Finally, the regime has been criticised as inconsistent with the adversarial system of criminal justice where the Crown has the advantage of resources and should not seek to gain further investigative and prosecutorial advantage from the accused himself.3 Officials believe that these criticisms are valid and do not recommend extending the duty of disclosure on the accused b...

10. Duty Lawyer Policy v-2.14.pdf [pdf, 303 KB]

    ...category 21 matter unless: a. there is a statutory onus on a defendant to satisfy a Judge that bail should be granted or b. further enquiries are required on a matter determinative of a grant of bail by the Court, and those enquiries are beyond the resources of the duty lawyers. (Duty lawyers are reminded they must make reasonable enquiries to assist defendants to confirm details, such as address or employment information) or c. the defendant is under an order made pursuant to the Men...