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1. Proactive release - Second Interim Regulatory Impact Statement: Consultation options for adoption law reform [pdf, 1.6 MB]

   ...also know that many people adopted in the ‘closed adoption’ era suffered harm through losing connections to their birth family, whānau, identity and culture. The Act is now out of step with contemporary norms and best practice regarding the care of children. Open adoption (where contact is encouraged between birth and adoptive families and whānau) is now the norm but the law does not reflect or provide a framework for this. Many aspects of the Adoption Act have been criticised as b...

2. Harland v ACC [2012] NZACA 6 [pdf, 408 KB]

   ...review decision dated 20 February 2003 (the review U"(J1:;lllJl~,,-::::;:::-~ which in turn was against the Corporation's decision made on 1 0 March 2003 (the de(;i~~v;""~ 2 to decline an application for backdated attendant care under s 80(3) of the Accident Compensation Act 1982 (the application). [3] The impetus for the application to reinstate the appeal was my decision in Nee Harland v ACC [2012] NZACAA 2 in respect of the appeal filed under ACA No. 01/08,...

3. Harland v ACC [2012] NZACA 2 [pdf, 62 KB]

   ...March 2007. [2] The appeal was against a review decision dated 20 February 2003 (the review decision), which in turn was against the Corporation’s decision made on 10 March 2003 (the decision), to decline an application for backdated attendant care under s 80(3) of the Accident Compensation Act 1982 (the application). 2 [3] The impetus for the application to reinstate the appeal was my decision in Nee Harland v ACC [2012] NZACA in respect of the appeal filed unde...

4. LA-familyproceedings-steps.pdf [pdf, 513 KB]

   ...Persons and their Families Act 1989 Step 1: Application for Declaration and/or other CYPF Act Order (filed by Child, Youth and Family) Activity Guideline Hours Tasks normally covered by Guideline Hours Declarations and/or other CYPF Act order(s) (Care and Protection orders) up to 8 hours For • Taking instructions, attending client • Identifying legal and factual issues • Preparing application for legal aid • Preparing application for interim/final declaration (...

5. [2022] NZEmpC 123 CSN v Royal District Nursing Service NZ Ltd [pdf, 376 KB]

   ...plaintiff A F Drake and R Judd, counsel for the defendant Judgment: 11 July 2022 JUDGMENT OF JUDGE B A CORKILL Introduction [1] CSN worked as an employee of Royal District Nursing Service New Zealand Ltd (RDNS), providing paid care for her son (DSO) who had suffered a serious brain injury in a 2010 car accident. [2] CSN was paid by RDNS under an Accident Compensation Corporation (ACC) funded subcontract, to provide a substantial number of hours of care, alo...

6. Guidelines for Lawyers Drafting Return Applications [pdf, 121 KB]

   ...affidavit of applicable law. Return applications have been unsuccessful because the supporting affidavits have failed to provide evidence on critical issues – often that issue relates to rights of custody. For example: What is the effect of a protection order on an applicant’s rights of custody? What is the status of a parenting agreement? Is a custody order in favour of grandparents sufficient to establish rights of custody? Does an unmarried father have rights of c...

7. OT US v N Ltd [2023] NZDT 169 (8 June 2023) [pdf, 196 KB]

   ...Ltd is dismissed. Reasons 1. OT drove a [vehicle] into the parking area which is part of N Ltd’s business. OT and US now bring a claim against N Ltd for $3,731.23. 2. The issues to be resolved are: (a) Did N Ltd breach their duty of care to look after the car? (b) If not, did N Ltd provide its services with reasonable care and skill? (c) If not what is the remedy? Did N LTD breach their duty of care to look after the car? 3. Background: OT who is named as one of th...

8. Family Court applications jun2024 [xlsx, 181 KB]

   ...Family Court applications filed, by case type and application outcome, 2014/2015 - 2023/2024 Table 1c: Number of substantive Family Court applications filed, by case type and filing location, 2014/2015 - 2023/2024 Table 2a: Number and percentage of Care of Children Act (excluding Hague) applications filed, by application type, 2014/2015 - 2023/2024 Table 2b: Number and percentage of Care of Children Act (excluding Hague) applications filed, by application type and filing method, 2014/201...

9. BORA Shop Trading Hours Act Repeal (Easter Trading) Amendment Bill [pdf, 188 KB]

   ...The proposed amendments require territorial authorities, before making any such decision, to consult their communities by adopting the special consultative procedure provided for in Part 6 of the Local Government Act 2002. 3. The Bill extends the protective provisions under the Act, which are afforded to garden centres and their employees, to those affected by the Bill. These provisions include protecting employees with existing employment agreements from being required to work on Easter...

10. Habeas Corpus Amendment Bill [pdf, 294 KB]

    ...that the next Members’ Day is 25 July 2012. 2. In summary, the Bill amends the Habeas Corpus Act 2001 to implement procedural changes recommended in Law Commission Habeas corpus: refining the procedure (NZLC R100, 2007). 3. Habeas corpus is protected by s 23(1)(c) of the Bill of Rights Act, which states that everyone who is arrested or detained under any enactment shall have the right to have the validity of the arrest or detention determined without delay by way of habeas corpus, an...