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Search results for Plea.

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  1. W v Secretary for Justice [2023] NZRA 003 (5 May 2023) [pdf, 225 KB]

    ...and the functions of a judge or judge’s clerk on the other. The judge and judge’s clerk are not concerned with such matters as taking instruction from the party represented, deciding what further investigations may be appropriate, preparing pleadings in a civil case (including making decisions on which causes of action or defence may be appropriate and which (if any) should be abandoned), or (again in a civil case) selecting and prosecuting appropriate interlocutory steps such...

  2. Langston v Accident Compensation Corporation (Claims process) [2024] NZACC 93 (30 May 2024) [pdf, 214 KB]

    ...been adjudicated. The concept of res judicata is often applied to both cause of action estoppel and issue estoppel. Traditionally its use was confined to the former. Cause of action estoppel is different from issue estoppel which can arise where a plea of res judicata in the strict sense is not open because the causes of action are not the same: see 16 Halsbury’s Laws of England (4th ed, reissue) (Estoppel) at para 977. Cause of action estoppel is more precise than issue estoppel....

  3. McGregor v Hutcheson - Porongahau 1B4'O'2 Trust (2015) 43 Tākitimu MB 15 (43 TKT 15) [pdf, 326 KB]

    ...of the trustee’s performance was essential when applying s 240. [19] I adopt the approach set out in Rameka and Apatu. Discussion [20] As foreshadowed on 16 December 2010 Judge Davis issued sentencing notes following Mr Hutcheson guilty pleas to two charges of receiving the sum of $15,243.75 (total of $30,487.50) in terms that he knew required him to account to the Mangamaire B2 Trust. The funds were properly payable to the Mangamaire B2 Trust but as foreshadowed they were...

  4. Mansfield v Pomana - Matawihi 1A & 2 Blocks (2013) 24 Takitimu MB 287 (24 TKT 287) [pdf, 164 KB]

    ...trust, on the available evidence, has lost significant sums of money during her tenure as “administrator.” Her explanations have at best been unsatisfactory. Her acknowledgments must also be noted. In short, Ms Edwards-Walker, despite her plea to remain a responsible trustee, has by her conduct placed herself in an untenable position. Her maladministration of the trust’s finances cannot be justified. The payment of her wedding and that of Mr Walker from trust funds was inap...

  5. Alasdair Morrison (dated 2 June 2017) [pdf, 3.9 MB]

    ...shows the view I have from my home, a view I enjoy, and one of the reasons I moved here from Auckland 32 years ago. I have no desire to have my view spoiled by the erection of a large structure which would look totally out of place on top of the pleasantly bare summit of the hill, an effect which I feel would be ‘more than minor’. 4 22. Utilising the Dunedin City Council Webmap function I can see that my house is about 6.15 kilometres in a direct line from the proposed t...

  6. BORA Court Matters Bill [pdf, 194 KB]

    ...Turning to the trial of different charges together, the Bill contains a new provision that changes the point in time after which the prosecution must seek leave to join charges together (or charges against one or more defendants), from the point of plea to the date of the case review hearing (cl 32). This makes it easier for the prosecution to join charges together at a later point in time. The Court retains the ability to sever charges if it is in the interests of justice to do so. Give...

  7. National Standards Committee 2 v Tingey [2023] NZLCDT 43 (10 October 2023) [pdf, 169 KB]

    ...as the absence of a mitigating feature. 3. Mitigating features [16] Mr Tingey’s acceptance of the most serious conduct, even before the charge was laid, is to his considerable credit. This admission was not just an intimation of a guilty plea. Mr Tingey provided the Standards Committee with a 3-page, 45 point admission document. As it transpired, that document was very closely aligned with the Tribunal’s findings following the disputed facts hearing. Ms Dew conceded that...

  8. Mahoney v Trustees of the Nicholas George Te Paa Whanau Trust - Okahu 1 and other blocks [2015] Māori Appellate Court MB 417 (2015 APPEAL 417) [pdf, 198 KB]

    ...purporting to make an order it is the clear duty of the Appellate Court to annul that order. This principle is set out in Halsbury's Laws of England, 4the.d. Vol.10 at p. 325, para 717 viz “It is the duty of an Appellate Court to entertain a plea as to jurisdiction at any stage, even if the point was not raised in the Court below” - and at p. 326, para 718: “Where, by reason of any limitation imposed by Statute, charter or commission, a Court is without jurisdiction to e...

  9. [2011] NZEmpC 75 Talbot v NZ Airline Pilots Association Industrial Union of Workers Inc [pdf, 127 KB]

    ...is neither at risk of sanction nor otherwise prejudiced. Whilst that is strictly correct, I do not consider that it would be just to dismiss the challenge out of hand and otherwise than on its merits for the following reasons. [4] That is a plea that was apparently advanced by the Union before the Employment Relations Authority but was rejected by it, albeit without written reasons. It is not difficult to understand why the Union might be keen to have its Rules interpreted and c...

  10. Canterbury Westland Standards Committee v Horsley [2014] NZLCDT 9 [pdf, 147 KB]

    ...cross-examination7 that in having that conversation he gave Ms S legal advice, but continued to maintain that Ms S was not a client. Mr Horsley arranged for the Tokoroa charges Ms S faced to be transferred to the Tauranga Court on the basis of intimated guilty pleas. Mr Horsley then appeared with Ms S in Court on 7 July, 14 July and sentencing on 28 July when Ms S was disqualified from driving for 6 months and fined $870.00 [14] Subsequently and up until 12 August 2010 Mr Horsley a...