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1. Cooper v Wellington City Council [pdf, 237 KB]

   ...Gaskin before starting the brickwork that the parapet may leak was not in relation to what was constructed and the maxim can not apply. Mr Gibson also submitted that the maxim could not be put forward as a defense as it had not been specifically pleaded as an affirmative defense. I do not have to deal with that submission as I have rejected it as a defense for other reasons. When Mr Gaskin reached the top of the brickwork it was obvious that the parapet was not as shown on the dra...

2. Restorative justice: Practice standards for family violence cases 2019 [pdf, 1.5 MB]

   ...provider assesses the referral The provider assesses if it’s appropriate to begin the restorative justice process. The assessment should be based on whether: • the provider has capacity to accept the case • the offender has entered a guilty plea • police and/or court information has been received (including participants’ contact details and the summary of facts) • documentation received as part of the referral indicates it would be appropriate to continue the res...

3. Director of Human Rights Proceedings v Netsafe Inc [2022] NZHRRT 15 (Removal of Certain Redactions After Appeal Period) [pdf, 511 KB]

   ...• made an attempt to resolve the complaint. This case summary is not to be used for any purpose other than the purpose stated above. It is not to be construed as legal advice or a decision in favour of any party. 8 For more information please call Netsafe 0508 638723 (NETSAFE). Our contact centre is open from 8 am – 8 pm Monday to Friday, and 9 am – 5 pm Saturday and Sunday. [44] As detailed below, Netsafe relies on page 2 of the Case Summary for its submission that it...

4. 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...

5. Moko Sayviah RANGITOHERIRI (CSU-2015-ROT-000302) [pdf, 2 MB]

   ...child has suffered considerably and eventually the child has died as a result of the injuries received. (b) A man and a woman acting as caregivers were charged with very serious crimes for ill­ treating this child including murder. They have now pleaded guilty to manslaughter and ill-treating a child. They have been remanded in custody and will appear for sentencing on June 27th 2016. (c) Pursuant to the Coroners Act 2006, having opened the Inquiry, I am required to adjourn conducti...

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. Review of the Delivery of Restorative Justice in Family Violence Cases by Providers funded by the Ministry of Justice [pdf, 602 KB]

   ...actions. However, approximately one half of victims felt that the offender had not been able to ‘repair the harm’ or make up for what they had done and a few felt that the offender had got off too lightly. • Most victims and offenders were pleased that they had taken part in the restorative justice meeting. All offenders and most victims (84%) said that they would recommend restorative justice processes to other victims and offenders to deal with family violence. Almost four fi...

8. Proactive-release-Review-of-the-Operation-and-Performance-of-the-Public-Defence-Service-2021.pdf [pdf, 1.5 MB]

   ...aid services in the Auckland and Manukau courts,” and found that the PDS had maintained or improved the quality of legal services.4 Further, Martin Jenkins found that over the course of the pilot PDS cases tended to result in greater use of guilty pleas, fewer changes of plea, and fewer substantive hearings.5 37. The 2008 Report went on to note the effects that PDS had on the CJS as a whole, including its ability to train junior lawyers and the fact that its introduction had not mat...

9. ENV-2016-AKL-000274 Rockfield Trust v KiwiRail Holdings Limited [pdf, 15 MB]

   ...NOVEMBER 2015 RUSSELL M~VEAGH A A Arthur-Young I A M Cameron Phone +64 4 499 9555 Fax +64 4 499 9556 PO Box 10-214 DX SX11189 Wellington 6143 1 KiwiRaii Holdings Limited Submitter number 4336 Designations 074 Memorandum of counsel MAY IT PLEASE THE HEARINGS PANEL 1. This memorandum is filed on behalf of KiwiRaii Holdings Limited (IKiwiRail"). KiwiRaii is a requiring authority under the Resource Management Act 1991 ("RMA") and holds designations throughout...

10. Tweeddale v Pearson [pdf, 405 KB]

    ...workmanship, though possibly guilty of contributory negligence. The respective responsibilities for defects in the work may then have to be adjusted between the plaintiff owner and the defendant local authority. Here, however, there has been no plea of contributory negligence. [144] The council also refers to their decision to deal with paving and landscaping on their own. It submits that they are responsible for 20% of the value of the council’s responsibility. [145] I...