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1. BORA Customs and Excise Bill [pdf, 231 KB]

   ...Presumptions in relation to certain matters 91. Clause 407 of the Bill provides that in any proceedings under the Act instituted by the Crown, 21 every allegation made by or on behalf of the Crown in any statement of claim, statement of defence, plea, or charge in relation to any of the following matters is presumed to be true unless the contrary is proved: a. the identity or nature of any goods b. the value of any goods for duty c. the country or time of exportation of any goods...

2. X v Secretary for Justice [2023] NZRA 002 (26 April 2023) [pdf, 242 KB]

   ...of these cases, the Secretary acknowledged that the Applicant had undertaken all or most of the pre-trial work and trial work. In the third case, the Applicant undertook all the work, but the matter was resolved just before trial with a guilty plea to a lower charge. [26] The fourth case example referred to by Mr Hurd was a murder trial (PAL 4) in which the Applicant had appeared as junior counsel. Mr Hurd acknowledged that the Applicant had cross-examined some Crown witnesses...

3. LCRO 181/2017 FW and KP v BG (31 October 2019) [pdf, 173 KB]

   ...copyright issue, namely, use of the NZIA form which is reserved to NZIA Practices, with the functions or tasks of the person appointed to the role of architect described in the NZIA form. [84] In its statement of claim, the contractor included the plea, in effect, that because [Firm B] was not a NZIA Practice, its appointment as successor architect was invalid. Therefore, because there was no architect appointed, no payment schedule had been issued. In other words, the “paymen...

4. Dotcom v Crown Law Office (Inherent Powers) [2018] NZHRRT 36 [pdf, 401 KB]

   ...jurisdiction. The reason for this lies in the historical origins of that court. The Supreme Court Act 1860, ss 4 to 6 conferred on the (then) Supreme Court of New Zealand the same jurisdiction as that possessed by the Courts of Queen’s Bench, Common Pleas and Exchequer as at 1860. The Judicature Act 1908, s 16 and the more recent Senior Courts Act 2016, s 12 form an unbroken chain carrying that jurisdiction forward to the present time. The Senior Courts Act, s 12 presently pro...

5. Auckland Standards Committee 1 v Ravelich [2011] NZLCDT 11 [pdf, 146 KB]

   ...such a qualitative exercise was not to be undertaken there would be no point in the second limb, with the mere fact of conviction on an offence punishable by imprisonment being sufficient to prove the disciplinary charge. [7] As Mr Ravelich has pleaded guilty to this charge, the Tribunal takes the view that both the first and second limbs of the charge are established, without the Tribunal, as part of its substantive decision process, being required to undertake the qualitative as...

6. LCRO 118/2018 VT v MQ (18 March 2020) [pdf, 157 KB]

   ...of your matter we will keep your file for at least seven years from completion and thereafter we will destroy it. You are welcome to uplift the information on your file to which you are entitled, provided that all fees and costs have been paid. Please give us reasonable notice before collecting your file should you wish to do so. [8] Also, on 14 October 2015, Ms MQ visited the property and met with Mr VT and Mr RH. [9] On 19 October 2015, Mr RH sent Ms MQ the following email: Hi...

7. Legal Aid Complaints Management Policy [pdf, 633 KB]

   ...complainants wishes, legal advice should be sought. 10 Some examples of what the assessor may consider are demonstrated in the table below. Next steps • For complaints that should proceed down the ‘quick action’ process, please refer to Chapter 3. • For complaints that should proceed down the ‘full investigation’ process, please refer to Chapter 4. Step three If the complaint: Then: • is of such a nature that NZLS is better placed to condu...

8. AODT Operational Policy - DELETE [pdf, 271 KB]

   ...the actual cost of services, whichever is lower. This will ensure any repayment amounts do not exceed the average cost of a standard district court PAL1 criminal matter. If the participant exits the AODT programme early and withdraws their guilty plea, then costs incurred after exiting the AODT court will not be considered within the partial write off review and additional costs will be incurred. Rostering policy Only duty lawyers with a Criminal PAL1 approval who have applied to jo...

9. Terms of reference [pdf, 701 KB]

   ...incurred appropriate and verifiable against the time records? h) Did the provider use resources effectively, e.g experts? i) Was a reasonable approach taken on the case compared to other similar cases? j) Was there a change in plea? Overall assessment of value of files State the overall rating for the value of the files from a rating of exceeds, meets, does not meet or can’t assess, and provide comments on the overall rating Quality an...

10. {2017] NZEmpC 15 Spotless Facility Services NZ Ltd v Mackay [pdf, 143 KB]

    ...way: 21 Although s 34 does not go so far as to provide a statutory exception to the obligations of the Tribunal to act fairly (s 88(3)) in accordance with the rules of natural justice, its objective is clearly to ensure that the rigidities of pleading do not prevent it from determining cases of personal grievance according to their merits rather than by reference to the way in which they have been expressed before or even during the hearing. The section contemplates its use by...