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1. Enduring Power of Attorney (EPA) In relation to property [docx, 104 KB]

   ...makes imprudent decisions or is subject to compulsory treatment or has special patient status under the Mental Health (Compulsory Assessment and Treatment) Act 1992. Out-of-pocket expenses Things that your attorney needs to pay for from their own resources in order to carry out their role, such as postage and stationery costs, bank fees, travel costs, telephone bills, and legal fees. These expenses do not include lost wages or payment for your attorney’s time. Personal care and welfare...

2. LCRO 72/2020 ZW v CB (29 September 2020) [pdf, 204 KB]

   ...noted at the hearing, he could not force the parties to mediate. [104] It is also clear from the file that Mr CB’s attempts to achieve a settlement for Mr ZW were frustrated by two obstacles which commonly impede the path to settlement: a well-resourced and competently represented opponent, and an opponent who appeared to be adopting delay and non-response as a litigation tactic. 17 [105] As matters progressed and the parties’ positions crystallised, it became clear that t...

3. [2007] NZEmpC WC 25/07 AFFCO NZ Ltd v Nepia & Anor [pdf, 82 KB]

   ...adopted in this case amounted to rough summary justice and in no way justifies the dismissal of the employees. A fair and reasonable employer in the circumstances would not have acted in this way. It did not follow its agreed processes. It had the resources to bring in a professional investigator and should have ensured that the investigation was properly conducted. Issue 2 [67] Mr King was designated decision-maker by those carrying out the investigation. This is n...

4. OIA-106912.pdf [pdf, 1.8 MB]

   ...Importance of case management ([103] – [106]) 5. The Court refers to the helpful guidance provided by the HCCH Guide to Good Practice on Art 13(1)(b) of the Convention.3 The Guide was published before the hearing of the appeal, and was a very helpful resource because of the international context it provided. In particular, the Court focused on appropriate case management as being essential to ensure that issues are identified, and evidence relevant to those issues are provided to the court...

5. McLelland - Ngati Hine H2B (2011) 21 Taitokerau MB 57 (21 TTK 57) [pdf, 194 KB]

   ...present but it and the other cases cited by Mr Alderslade point the direction that the Court should take: Forester v Newlands (West Griqualand) Diamond Mines Ltd (1902) 18 TLR 497; Oliver v Dalgleish [1963] A11 ER 330; ANZ Nominees Ltd v Allied Resources Corporation Ltd (1984) 2 ACLC 783 and Clifton v Mount Morgan Ltd (1940) 40 SR (NSW) 31. [54] Accordingly, the irregularity in Mr Shortland moving the resolution is not fatal to the call for a poll vote. [55] But, more to the point...

6. [2014] NZEmpC 153 Roy v BOT of Tamaki College [pdf, 131 KB]

   ...correspondence that the two of us will enter into”, “Let’s celebrate these positive things that we had between us and not dwell upon any negatives”, and the like. The email concluded with Mr Roy’s advice to Ms Pamaka that he had left some resources for his successor and that he would like to collect some personal items “at the end of the year”. He continued: “I've cancelled my invitation to the sports dinner to avoid anyone any sense of uneasiness, but please g...

7. O’Rourke v Accident Compensation Corporation [2024] NZACC 166 (22 October 2024) [pdf, 279 KB]

   ...treatment. (2) Treatment injury does not include the following kinds of personal injury: (a) personal injury that is wholly or substantially caused by a person's underlying health condition: (b) personal injury that is solely attributable to a resource allocation decision: (c) personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment. (3) The fact that treatment did not achieve a desired result does not, of itself,...

8. Linstead v Tohu - Te Horo 3 No 1-31 (2024) 276 Taitokerau MB 273 (276 TTK 273) [pdf, 289 KB]

   ...occupy. 4. He has had to deal with an earlier injunction application filed on this matter and now a rehearing and second injunction application seeking to restrain him from living on and dealing with the land that he has committed considerable resources to. 276 Taitokerau MB 292 [117] I consider that the balance of convenience lays in favour of the Trust and Amadeus Tohu. I see no reason to question the conduct of either of them. [118] Counsel for the applicant submits t...

9. Director of Proceedings v Health New Zealand [2024] NZHRRT 52 [pdf, 403 KB]

   ...received his radiation treatment at 3.08pm on 13 February 2019. The first syringe driver was started at 5.35pm. 4 Palliative care focusses on providing relief from the symptoms of life-limiting conditions. 4 15. ADHB’s clinical resource for the use of syringe drivers covered how to manage the syringe driver, including four-hourly checks of the pump. However, there was no reference to patient management, such as expected frequency of monitoring vital signs or managem...

10. Summary of submissions: Regulations to give effect to the new alcohol laws [pdf, 591 KB]

    ...agreement with the proposals. 74. Seven submitters proposed that the fees relating to young people should be raised to between $500 and the maximum $1000. This has not been progressed as the proposals take into account young peoples’ limited financial resources, potential non-payment, subsequent escalation, and potential additional costs for the young person and the criminal justice system. If an unpaid fee is lodged with the court it immediately incurs a $30 filing fee and there is...