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1. [2022] NZEmpC 145 Pilgrim v Attorney-General [pdf, 940 KB]

   ...the statements be ruled inadmissible. Depending on the circumstances, the Court might conclude that it was consistent with equity and good conscience to allow such evidence to be given. That might, in part, be informed by the fact that the well-resourced employer was best placed, if it took issue with the employee’s version of events, to lead relevant evidence through its own witnesses. Ultimately the Court’s task is to do justice as a matter of equity and good conscience — an...

2. Chief Victims Advisor report Thats a lie PDF [pdf, 693 KB]

   ...https://www.justice.govt.nz/assets/Documents/Publications/Improving-the-justice-response- to-victims-of-sexual-violence-victims-experiences.pdf Gravitas Research and Strategy. (2019). Evaluation of the Sexual Violence Court Pilot. Ministry of Justice. https://apo.org.au/sites/default/files/resource-files/2019/08/apo-nid256086- 1383366.pdf Hanna, K. (n.d.). Cross-examining child witnesses: Defence lawyers’ and intermediaries’ views on leading questions, repetition and topic shifts. H...

3. Tane - Hauturu East 8 (2015) 104 Waikato Maniapoto MB 95 (104 WMN 95) [pdf, 8.9 MB]

   ...taken as endorsement of any business or investment strategy, and there is some merit in requiring trustees to seek the approval of the beneficiaries in a general meeting to any business investment which requires the commitment of significant trust resources or the mortgaging of the corpus land. Terms of this kind have been included in ahu whenua trust orders and I would expect that a suitable term of this nature could be included in the detailed draft trust order. 104 Waikato Man...

4. 2006 National Survey of Unmet Legal Needs and Access to Services [pdf, 587 KB]

   ...West Coast - Southland In summary, the following areas represent where fewest people have a met need. They provide an indication where the “gap” may be greatest, i.e. they have the highest unmet needs and/or partial unmet needs, and where resources/access levels may need to be reviewed: - West Auckland - Central North Island - West Coast Access to Different Types of Legal Services Just over four in ten people with problems (44%) said they have sought or would seek h...

5. National Standards Committee 1 v Haines [2022] NZLCDT 10 (8 April 2022) [pdf, 551 KB]

   ...proposition that he be paid out of costs awards was absurd, because mostly he was defending Mr M from claims brought by others and attempting to minimise costs orders against him. He also pointed out that he would not have advised Mr M to preserve his resources for cases with the most merit, if he were merely acting on a contingency basis. [67] In this regard we prefer the evidence of Mr Haines over that of Mr M. [68] It is clear that even after having such a close, and financially...

6. Rātima v Sullivan - The Tataraakina C Trust (2015) 41 Takitimu MB 102 (41 TKT 102) [pdf, 531 KB]

   ...definitive action in terms of the closure of the bridge. [139] I find that there has been ample time for the trustees to make progress in securing a solution. Their failure to do so does not demonstrate a prudent use of their time or of the trust resources expended in this matter to date. Te Kooti Forestry Block [140] The forestry rights on the block were leased out and trees harvested on a staged basis, following which the harvested areas were handed back to the trust. The ha...

7. Alcohol and Other Drug Treatment Court quantitative outcomes evaluation 2018–19: Reduced reoffending, imprisonment, and benefit dependency [pdf, 1.1 MB]

   ...Court’s ability to engage these offenders in treatment longer is a hallmark feature of the Court. AOD dependency seldom exists in isolation from other serious problems that undermine rehabilitation, so treatment must integrate other services and resources. 5 Ministry of Justice (2014), p 5. 6 The Department of Corrections co-morbidity study found that 47% had a 12-month diagnosis of an AOD disorder (Indig et al 2017). 6 To...

8. Legal needs among low-income New Zealanders survey [pdf, 808 KB]

   ...with a random generation of the remaining digits. 2 This correspondents with the landline/mobile mix used by researchers in the United States of America where dual frame surveys are well-established (refer to http://www.aapor.org/Education-Resources/Reports/Cell-Phone-Task-Force-Report/Coverage-and- Sampling.aspx). Page 9 Survey weighting It is common practice to apply survey weighting to general population surveys to ensure that the final sample is representative...

9. Hartley v Balemi [pdf, 401 KB]

   ...residential properties; that they entered into an elaborate scheme that involved buying the house through Mrs Hartley’s father, to avoid paying agents’ fees; that they owned three other properties, which means that they had the financial resources to take steps to protect themselves; that these were people who knew how to protect themselves, and had the knowledge, expertise and the means to do so. He submits that this is one of those situations where the Architect should not...

10. Director of Proceedings v Nelson [2013] NZHRRT 38 [pdf, 275 KB]

    ...this Code. (2) The onus is on the provider to prove that it took reasonable actions. (3) For the purposes of this clause, the circumstances means all the relevant circumstances, including the consumer’s clinical circumstances and the provider’s resource constraints. [160] The Code of Rights applies to all health care providers. See the definition in cl 4: provider means a health care provider or a disability services provider [161] The term “health care provider” is defined...