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1. [2024] NZEnvC 072 McCallum Bros Limited v Manuhiri Kaitiaki Charitable Trust [pdf, 7.2 MB]

   ...taonga. It is consistent with the evidence of other tangata whenua parties (including Pākiri G) as to highly relevant effects that are not related to trade competition. [14] Furthermore, MKCT say the McCallum Bros application has been poorly pleaded and does not clearly identify the relevant grounds, lacks an appropriate evidential basis, has no merit, does not meet the high threshold for strikeout, and has been made at a very late stage. They also say the strikeout of MKCT wou...

2. Ngati Paoa (2009) 141 Waikato MB 271 (141 W 271) [pdf, 211 KB]

   ...satisfied that given the existence of the 12 October 2009 correspondence, the Ngāti Pāoa Whānau trustees were well aware of the pending hearing and that the final destination of the Railcorp settlement monies was at issue. [60] We find that the plea by the Whānau Trust to be allowed to retain the Railcorp settlement monies should fall on deaf ears. As we have stressed a number of times the decision of the Court in 1995 was an interim one only. There is nothing in the corresp...

3. 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...

4. Youth Court - Signed, sealed – (but not yet fully) delivered [pdf, 817 KB]

   1 “Signed, Sealed – (but not yet fully) Delivered” An analysis of the “revolutionary” 1989 legislative blueprint to address youth offending in New Zealand, particularly by young Māori, and a discussion as to the extent to which it has been fully realised. Paper to be delivered at the “Healing Courts, Healing Plans, Healing People: International Indigenous Therapeutic Jurisprudence Conference” by His Honour Judge Andrew Becroft1

5. OIA-102999.pdf [pdf, 2.9 MB]

   ...PDS lawyers rostered for PDS courts. My question asked for "How many providers are on each individual roster", which means that for a PDS supervised court, the count should include both PDS and non-PDS duty lawyers on that court roster. Please provide that information. 2. The duty lawyer question may just be that PDS lawyers don't need to have been approved as duty lawyers to act as duty lawyers at court. I say this because for courts where the PDS has a presence, the...

6. Decision-of-Coroner-B-Windley-as-to-Scope-of-Issues-for-Inquiry-28-4-22-signed.pdf [pdf, 1 MB]

   ...Terms of Reference). 7 firearms legislation and activity by entities or organisations outside the public sector, such as media platforms, were also expressly excluded.10 Information disclosure in prior processes [12] The guilty pleas meant there was no criminal trial.11 The acceptance of responsibility for criminal offending by way of a guilty plea might ordinarily be thought to be helpful to the immediate family of a victim in that it relieves them of the trauma the...

7. RIA Terrorism Suppression Act part 2 [pdf, 1 MB]

   ...strengthen counter-terrorism measures in New Zealand. “Terrorist act” definition The “terrorist act” definition remains untested by the courts, with the only case that has been successfully prosecuted (R v Tarrant2) resulting in a guilty plea. However, agencies, including New Zealand Police, have identified that there are aspects of the definition that may impede their ability to utilise the TSA as intended. Given the “terrorist act” definition is the cornerstone of the T...

8. LCRO 81/2018 QQ v RR (26 November 2019) [pdf, 548 KB]

   ...from that procedural defect was not fair to Mrs RR or Mr QQ. The process from then on was tainted by that procedural unfairness. It appears from the decision under review that the Committee was swayed by the blended narrative, and Mrs RR’s pleas for clemency and charity. It is accepted that Mrs RR found herself in the unenviable position of many an unsuccessful litigant. She lost. The Court set the 2010 agreement aside. Based on an overall consideration of the available ma...

9. Alcohol and other drug (AOD) clinicians in court - research report [pdf, 1022 KB]

   ...clinician in court service The AOD clinician in court service is currently provided in nine of the 63 district courts in New Zealand. The clinicians are available in court to conduct a brief assessment (screening) of offenders who have entered a guilty plea. Compared to a comprehensive AOD report, the intention of the AOD clinician in court service is to provide an earlier and more efficient way to identify the existence of AOD issues, with immediate access to clinical advice. This clinic...

10. LCRO 50/2017 TG v JT and TAP LIMITED (26 January 2018) [pdf, 292 KB]

    ...Ethics, Professional Responsibility and the Lawyer (2nd ed, LexisNexis, Wellington, 2006) at 149. 15 [86] I now set out the relevant parts of s 57 of the EA, and s 151 of the Act: 57 Privilege for settlement negotiations, mediation, or plea discussions (1) A person who is a party to, or a mediator in, a dispute of a kind for which relief may be given in a civil proceeding has a privilege in respect of any communication between that person and any other person who is a party...