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1. Regulatory Impact Statement: Order of Inquiries to determine fitness to stand trial under the Criminal Procedure (Mentally Impaired Persons) Act 2003 [pdf, 600 KB]

   ...to the standard criminal trial process. If unfit, the court must consider the most suitable method of dealing with the defendant. The possible outcomes for the defendant under the Act are detention in a hospital or secure facility, compulsory care or treatment, or immediate release. 5. Any participant in the case (including the judge or the prosecutor) can raise the issue of fitness to stand trial. In practice, it is most likely to be raised by the defendant or their lawyer. O...

2. Template-Comprehensive-Whanau-Trust-Order-Final-Version-30-June-2020.doc [doc, 101 KB]

   ...you may use for your whānau trust. The actual content of the trust order may differ depending on your circumstances and you may customise this example to best fit any terms of trust you have set for your trust. 2. You should read through each clause carefully and alter, amend or delete where appropriate to suit your circumstances. 3. Please note that this example is intended to provide you with general information only. The Ministry of Justice makes no warranty, express or implied, nor assum...

3. LCRO 144/2018 BG v NH (26 May 2020) [pdf, 140 KB]

   ...subsequently (invoiced 12 June 2017 – date of payment unclear). [47] The majority (if not all) of his fee had therefore been paid in advance of his appearances in Court for Mr BG on 24 March and 29 June. [48] One of the purposes of the rule is to protect client funds. This is achieved by virtue of the fact a solicitor has a trust account. A barrister does not and so any money paid by Mr BG in advance of services being provided was unprotected. [49] Whether or not Mr BG was aware...

4. LCRO 213/2017 AA v BB and CC (26 April 2018) [pdf, 176 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. [27] 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 neces...

5. LCRO 69/2020 CX v DW (21 July 2021) [pdf, 185 KB]

   ...enforce the judgment. That was a difficult task because, as Mr DW says:1 …Mr EV indicated that he had no assets. Mr EV was not concerned by the prospect of bankruptcy. Ms CX had always said that Mr EV operates in cash and that he was always vey careful not to have assets registered in his own personal name. Ms CX is aware of the difficulty that Mr EV would always pose for the enforcement of any judgment. She knew Mr EV and his character better than anyone. [6] Ms CX’s frus...

6. [2023] NZIACDT 14 - II v Sun (26 April 2023) [pdf, 118 KB]

   ...Visa), for the complainant and associated visas for his wife and their child. The complainant was the principal applicant. [7] Immigration New Zealand (Immigration NZ) completed an initial assessment of the application and wrote to the complainant, care of Mr Sun, on 18 November 2019, setting out numerous concerns with the application. He was invited to provide further information. [8] On 28 November 2019, Ms M, an employee of Heytour in China, rang the complainant (who was in Ch...

7. BC v BB Ltd [2023] NZDT 376 (18 July 2023) [pdf, 113 KB]

   ...cost around $13,000.00. (c) I have taken into account Mr N’s comment that new projectors only have a warranty of up to 2 years, and new bulbs have a 3-month warranty. (d) I am satisfied that s138 of the CCLA does not provide an ongoing protection for a buyer from failure of second-hand goods such as the Projector. BB Ltd therefore cannot be held responsible for the Projector failing unexpectedly, particularly when it is unclear what caused it to fail, and Mr N and BC have confl...

8. [2015] NZEmpC 137 Stevens v Hapag-Lloyd (NZ) Ltd costs [pdf, 173 KB]

   ...of limiting their exposure to this risk. A claimant may avoid this risk by abstaining from taking legal proceedings; but a party who is sued has no such alternative. It follows that, in fairness, defendants must have the means of gaining some protection from costs by making offers to settle by in some way meeting the claim. Plaintiffs should also have protection where defendants decline reasonable settlement offers. [57] Then there are the “public” aspects of litigation. I...

9. EA v WSC2 LCRO 11 / 2011 (24 June 2011) [pdf, 124 KB]

   ...provisions where an Act does not adequately provide for a situation that should be provided for to enable the legislation to operate effectively. (d) This is an area of professional discipline, with the relevant legislation focusing on public protection and confidence regarding legal services. In that area the Tribunal should be cautious in allowing preliminary technical process issues, with no real bearing on the rights of the person charged or the substantive process followed, to p...

10. Coutts - Estate of James Pou (2008) 129 Whangarei MB 145 (129 WH 145) [pdf, 328 KB]

    ...MB 148 SMonk: Yes, he was just left behind and my uncle looked after him. Court: He raised him from what age? S Monk: About 3. Court: Right through his childhood? S Monk: Oh, off and on because between my uncle and his wife they both took care of him. They were both separated . R Potorata: ... and he'd go back to his ... Court: Did the mother of Trez ... ? R Potomta: He'd go back to his parents when he (sic) got out of jail. [13] Although Sharee Monk acknowledged Tr...