Search Results

1. Needham v Accident Compensation Corporation (Cover for Occupational Noise-induced Hearing Loss) [2024] NZACC 133 (5 August 2024) [pdf, 314 KB]

   ...first assessment was based on 33.5, he had transcribed this figure as 35.5. The second assessment clarified and corrected the transposition error. [60] There is no doubt both Mr Dawes and Mr Ruske are well qualified specialists. However, careful review of the evidence shows there are flaws in their assessments that relate to the requirement regarding clinical examination and also relating to the figure used in the calculations of hearing loss regarding the time Mr Needham worked...

2. Director of Proceedings v Platz [2021] NZHRRT 51 [pdf, 500 KB]

   ...defendant has breached the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 (“the Code”) in respect of Right 4(1) by failing to provide services to the aggrieved person with reasonable care and skill; and 2(b) A final order prohibiting publication of the name and identifying details of the aggrieved person in this matter (Mr A (deceased)). [4] Having considered the Agreed Summary of Facts the Tribunal is satisfied on th...

3. LCRO 140/2020 AB v RP (27 November 2020) [pdf, 267 KB]

   ...submissions, the Committee decided to set the following matters down for a hearing on the papers:4 Fees: a) Did Mr AB fail to comply with r 3.4 (provision of information about fees) of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 [the Rules]? b) Did Mr RP request, and was he provided with, an estimate of fees? If so, did GHJ inform him promptly when it became apparent that the estimate was likely to be exceeded? (r 9.4) c) Did Mr AB provide any i...

4. Proactive release - Prohibiting conversion practices [pdf, 3.9 MB]

   ...attempts. They are not expressly illegal in New Zealand and continue to occur in unregulated settings. 3. This paper provides advice and options on three main issues for prohibiting conversion practices: how to define conversion practices, who should be protected by a prohibition and how, and how behaviours associated with the provision f conversion practices should be regulated. 4. A statutory definition of conversion practices needs to be broad enough to capture the practices that a...

5. LCRO 22/2019 HT v MK (29 May 2020) [pdf, 326 KB]

   ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [59] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that nece...

6. OIA-114187.pdf [pdf, 6.2 MB]

   ...information for release. In response to your request, please see the document table below which details the information being released to you. Some information has been withheld under the following provisions of the Act: • section 9(2)(a) to protect privacy of natural persons, • section 6(a) to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand, • section 9(2)(f)(iv) to maintain the constitutional conventions that prot...

7. 20231124-Justice-BIM_Redacted-FINAL.pdf [pdf, 1.4 MB]

   ...aspects of our society and economy. You are responsible for more than 50 regulatory systems and more than 150 Acts. The Ministry of Justice administers more legislation than any other government department; the only agency with a comparable span of care (Ministry of Business, Innovation and Employment) has 17 regulatory systems incorporating 121 statutes. We support a significant proportion of Bills passing through the House, including periodic Statutes Amendment Bills that we co...

8. Waitangi Tribunal theme G - Public works takings of Māori land [pdf, 1.4 MB]

   ...prime means of pacifying and ‘civilising’ Maori. Although settler governments liked to refer to the imposition of the benefits of English law, in fact the circumstances in which the provisions were applied to Maori land was the antithesis of the careful protections for landowners, the assumption of balanced rights and interests, and careful parliamentary scrutiny that characterised the development of the English provisions. The provisions also reflected a policy of rejecting the major Maori...

9. ENVC paper Guizhou Province Judges 2015 [pdf, 337 KB]

   ...of legislation, with a strong, holistic environmental emphasis. Most environmental regulation in New Zealand comes from this Act. Sustainable management [6] Essentially the approach of the RMA is to provide for a balance between environmental protection, and development and human use of land, air, water and soil. [7] The “environment” includes things natural, physical, and people, and includes: (a) Eco-systems and their constituent parts, including people and communities; and...

10. [2013] NZEmpC 56 Hamon v Coromandel Independent Living Trust [pdf, 132 KB]

    ...the Act and without these rights persons may be reluctant to become mediators. He concluded: 7 The law should not allow such unintended draconian consequences of a strict interpretation. The objective of confidentiality under s 148(2) is to protect parties and the integrity of the mediation process and not to protect or advantage mediators personally. [57] A purposive interpretation of s 148(2) will produce a different result than a purely literal interpretation of what might...