Search Results

1. Interim regulatory impact statement - jury trial timeliness [pdf, 2.3 MB]

   ...alleged offending, where the consequences of the offending are more serious, including the potential impact on the defendant if convicted. 30. This aims to strike a better balance between maintaining a right to a jury trial and the constitutional protections that come with it, and the extra time and resource required to conduct those proceedings for the courts, prosecutors, lawyers and the public. To improve court performance, efficiency and access to justice 31. Timely access to...

2. [2013] NZEmpC 3 Association of Professional & Executive Employees Inc v NZ District Health Board [pdf, 145 KB]

   ...importance of— (i) collective arrangements; and (ii) the role of unions in the public health sector. [7] Clause 3 provides definitions including: life preserving services means— (a) crisis intervention for the preservation of life: (b) care required for therapeutic services without which life would be jeopardised: (c) urgent diagnostic procedures required to obtain information on potentially life-threatening conditions: (d) crisis intervention for the prevention of perma...

3. Elder v CAC 10062 & Barker [2013] NZREADT 71 [pdf, 63 KB]

   ...licensee's conduct to suggest that he misrepresented the auxiliary nature of the small laundry; [e] Considered that, given the draft nature of the plan and subdivision, the Complainant and his solicitor should have been on notice to take extra care when reviewing the next stage of plans; [f] Accepted that the vendor's reply of 6 May 2010 regarding the small laundry was misleading but could not find any evidence linking the licensee to this error, and noting that, in any event...

4. Romford v Marlborough LCRO 123 / 2009 (15 December 2009) [pdf, 95 KB]

   ...and “say it on the stand”. This amounts to an allegation that Mr Marlborough counselled Mr Romford to commit perjury. This would of itself be a criminal offence. It would also be a serious breach of r 13.10 of the Rules of Conduct and Client Care which state “A lawyer must not adduce evidence knowing it to be false”. [23] Mr Romford says he took notes of the story Mr Marlborough told him on 23 September 2008. That story involved a dog running on the road in front of him and...

5. Waxman v Pal [2016] NZHRRT 28 [pdf, 71 KB]

   ...[29] By way of contrast the Tribunal had the advantage of seeing and hearing Ms Insley and Ms Wilson-Hoyes give evidence, particularly their response when vigorously challenged by Dr Waxman in cross-examination. We found both witnesses to be clear, careful, precise, persuasive, unrehearsed and without sign of coaching. In responding to Dr Waxman’s questions, Ms Wilson-Hoyes in particular was careful to stress she specifically recalled that when orientating Dr Waxman at the Panmure surg...

6. BD v EG LCRO 374/2013 & 376/2013 (30 November 2015) [pdf, 67 KB]

   ...agreement) is between Mr and Mrs BD personally, and the trustees of the BD Family Trust (the family trust), Mr BD and Mr KN (the trustees). The agreement covers a range of matters in dispute between Mr and Mrs BD, including separation, parenting, protection orders, occupation and ancillary orders, custody and access. It also binds the trustees because they owned the family home as trustees of the family trust. The family home was to be sold under the agreement, and the proceeds of...

7. Milner v Milner - Estate of Warihi Te Keu Faenza Milner (2008) 83 Ruatoria MB 108 (83 RUA 108) [pdf, 2.8 MB]

   ...Samantha's real parents were "totally involved in her upbringing." However, they did not make the final decisions about Samantha, the deceased did. 19 Under cross-examination she acknowledged that she was not providing filiI time care to Samantha who was then 13 years of age.20 This was an indication that Samantha's parents remained fully involved in her day to day care. But in answer to a question fi'om the Court she testified that the deceased had described...

8. LCDT Annual Report 2020 [pdf, 708 KB]

   ...the implications of recent High Court and Court of Appeal decisions on disciplinary issues. New members are inducted with a full review of the governing legislation, procedural rules and court etiquette. Ethical duties of members are also carefully outlined. Administration The Tribunal’s Case Manager, Ms Susan Knight has continued to efficiently co-ordinate all of the administration including the complex task of organising 5-member hearings, at various hearing venues...

9. Wellbeing Budget 2019: Family Violence and Sexual Violence Package [pdf, 887 KB]

   ...training for health practitioners in District Health Boards. This will be done through funding for practitioners to routinely deliver effective screening and referrals, and to explore the provision of a training programme for primary health care providers (including GPs, nurses, dental nurses). BENEFITS/IMPACTS • Effective screening and referrals from health care providers in hospitals. • Consultation on the potential to extend the training programme for primary health c...

10. LCRO 117/2018 VR v BJ (30 August 2019) [pdf, 183 KB]

    ...provided to Ms BJ that “show a disputed debt prior to the [H]igh [C]ourt action” initiated by her client. [16] Mr VR claimed Ms BJ “abused the process” referred to in r 2.3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) which prohibits a lawyer issuing a statutory demand in circumstances where the lawyer knows, or fails to make enquiries that the debt “is bona fide disputed”.3 [17] He said the debt concerned advertising the...