Search Results

1. [2008] NZEmpC AC 5/08 Skinner & Anor v Stayinfront Inc & Ors [pdf, 33 KB]

   ...entire proceedings [10] The defendant relied on the defence of affirmation as the ground for striking out the amended statements of claim in their entirety. Mr Towner submitted that the plaintiffs are seeking to avoid the settlement agreements by pleading duress so they can proceed with their personal grievance claims of constructive dismissal, but that they have in fact both affirmed the settlement agreements. They have done this, in his submission, by accepting the financial ben...

2. Restorative Justice: Best practice in New Zealand 2004 - 2017 [pdf, 428 KB]

   ...for the offence before a case can be referred to, or accepted for, a restorative justice process A case should not be referred to, or accepted for, a restorative justice process unless an offender has acknowledged responsibility for the offence. A plea of guilty, which may be accompanied by an agreed Statement of Facts, will provide the clearest indication of an offender’s acknowledgement of responsibility. It may sometimes be appropriate for a restorative justice process to be und...

3. Waaka - Te Manawa o Tuhoe A block (2014) 103 Waiariki MB 2 (103 WAR 2) [pdf, 267 KB]

   ...litigation in respect of matter which might have been brought forward as part of the subject in contest, but which was not brought forward, only because they have, from negligence, inadvertence, or even accident, omitted part of their case. The plea of res judicata applies, except in special cases, not only to points upon which the Court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litig...

4. Policy for admission to duty lawyer rosters [pdf, 667 KB]

   ...that there is no entitlement to gaining a place on a duty lawyer roster. 6. Lawyers are not eligible for payment until they have been admitted to a duty lawyer roster. Lawyers can usually only appear on one duty lawyer roster2. Process 7. Please see the flowchart on page 5 for an overview of the admission process. Applying for admission to a duty lawyer roster 8. Lawyers interested in seeking entry to a duty lawyer roster at one of the Courts covered by this policy shou...

5. Auckland Standards Committee v Garrett [2011] NZLCDT 29 [pdf, 87 KB]

   ...consideration. Otherwise, how can any Court expect to rely on him or her in future? Matters in Mitigation [23] Throughout this investigation culminating in the charge before the Tribunal Mr Garrett has been co-operative and entered a guilty plea at an early date. [24] The consequences of Mr Garrett’s lack of openness to the Court in 2005, when discovered in 2010, have been enormous. He almost immediately lost his political career and therefore his source of income. He suff...

6. B Tarrant Memo Chief Coroner 02-11-21-V2 [pdf, 114 KB]

   ...Blackstone Chambers Cooper Legal PO Box 302 PO Box 12063 Kawakawa 0243 Thorndon Wellington 6144 Telephone: (09) 601 2143 Telephone: (04) 499 9025 or (04) 473 1952 Email: ellist@tonyellis.co.nz Email: sonja@smcooperlaw.co.nz 1 May it Please Your Honour 1. I have recently been instructed to act, together with Graeme Edgeler, Barrister as my junior, for Mr Brenton Tarrant in respect to a number of matters in respect of the Royal Commission of Inquiry into the terroris...

7. CAC 20004 v Whisker [2014] NZREADT 83 [pdf, 56 KB]

   ...to the hearing counsel for Mr Whisker and for the Committee had discussions and presented the Tribunal with an agreed Statement of Facts. This agreed Statement of Facts is set out below. To this agreed Statement of Facts Mr Whisker had agreed to plead guilty. He also accepted that this was unsatisfactory conduct pursuant to s 72(a) of the Real Estate Agents Act 2008. Both the Complaints Assessment Committee and Mr Whisker agreed to this reduction to 2 unsatisfactory conduct....

8. Waikato Bay of Plenty Standards Committee v Monckton [2014] NZLCDT 51 [pdf, 35 KB]

   ...efforts of Helen Monckton to rescue the purchase of another property by Dr S. [3] The manner in which this occurred and the series of transactions undertaken, form the basis for the charge of negligence against Mrs Monckton. [4] Mrs Monckton pleaded guilty to this charge at the conclusion of the evidence and therefore this decision deals only with the penalty to be imposed on her as a consequence. [5] The issues which bear on the determination of that penalty are: 1. How serious...

9. NZ BORA Advice: Land Transport Clean Vehicles Amendment Bill [pdf, 214 KB]

   ...requirement to supply the information under new 197B of the Bill. Sections 54 to 57 relate to privilege for communications with legal advisers, solicitors’ trust accounts, preparatory materials for proceedings, and settlement negotiations, mediation, or plea discussions. 15 Unless the court hearing the proceeding in which the evidence is sought to be adduced is satisfied that there was no unfairness in obtaining the evidence (proposed s 197G(4) of the Land Transport Act 1998)....

10. Budget 2020 Family Violence and Sexual Violence - Summary of Initiatives [pdf, 680 KB]

    ...costs associated with delivering the assessments and reporting on those assessments.  Police funding ($2.3 million) will enable medical experts to attend court as expert witnesses. Timeliness and robust evidence will help secure earlier guilty pleas, thereby reducing re- victimisation.  Justice funding ($6.4 million) relates specifically to medical or strangulation experts attending court as expert witnesses for the defence. This funding is important to ensure that any judic...