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1. Canterbury Westland Standards Committee v Eichelbaum [2014] NZLCDT 68 [pdf, 189 KB]

   ...However, we accept Mr Waalkens QC’s submission that the only parties to whom the information has been disclosed are those to whom the duty was owed (and therefore already possessed the information) and the Courts. An affidavit filed in Court can be protected, and indeed was in this case, by suppression orders. Thus there is no wider publication, such as existed in the series of cases put to us by Ms Davenport QC. [77] In these circumstances, we are uncomfortable about the concep...

2. Crosswell v Auckland City Council [pdf, 92 KB]

   ...cost of the eaves is refused. CONTRIBUTORY NEGLIGENCE [34] Contributory negligence is based on the premise that a claimant who sues another person for harm that he or she has Page 10 suffered, but has failed to take reasonable care in looking after his or her own interests, may have any damages awarded reduced to reflect the claimant’s share in the responsibility of the harm and damage suffered. Specifically, section 3(1) of the Contributory Negligence Act 1947...

3. Justice Statistics data tables - notes and trends December 2019 [pdf, 183 KB]

   ...Family Court applications In 2019, there were 61,957 substantive applications filed in the Family Court. The number of applications increased 2% from 2018. The largest number of applications were ‘guardianship’ cases, which relate to the Care of Children Act 2004 (excluding Hague) (30%; 18,463 applications), followed by applications for care or protection under the Oranga Tamariki Act 1989 (17%; 10,606 applications) (Figure 7). Figure 7: Guardianship cases had the highes...

4. Family legal aid fees - consultation paper [pdf, 816 KB]

   ...grant would be considered in cases where complexities are identified and additional work is justified. Fixed fee development and setting Activities appropriate for fixed fees Family proceedings suitable for conversion to fixed fee schedules include Care of Children, Domestic Violence, Guardianship, Relationship Property, Mental Health and matters under the CYFS Act 1989. Some matters unsuitable for conversion to fixed fee schedules include Hague Convention and Intellectual Disability pr...

5. Legal aid final family consultation paper - 10 February 2012 [pdf, 816 KB]

   ...grant would be considered in cases where complexities are identified and additional work is justified. Fixed fee development and setting Activities appropriate for fixed fees Family proceedings suitable for conversion to fixed fee schedules include Care of Children, Domestic Violence, Guardianship, Relationship Property, Mental Health and matters under the CYFS Act 1989. Some matters unsuitable for conversion to fixed fee schedules include Hague Convention and Intellectual Disability pr...

6. Wellington Standards Committee 2 v Collins [2022] NZLCDT 22 (30 June 2022) [pdf, 170 KB]

   ...2017. The Doctor carried out an Addenbrooke’s Cognitive Examination which scored 52 out of 100. In the sphere of memory deficit, she scored particularly poorly, at 4/26, while her language capacity remained fairly high at 23/26. The doctor carefully assessed whether Mrs W still had decision-making ability around her personal care and welfare in order to understand the significance of a new EPOA being signed by her and found that she had such. Mrs W confirmed to the doctor that...

7. Recommendations recap - issue 6 [pdf, 1.4 MB]

   ...a number of safety campaigns about the importance of wearing lifejackets. Lifejackets not only provide flotation but allow people to keep still in the water and conserve energy, which can delay the onset of hypothermia. Some lifejackets can also protect the wearer from the cold or prevent injury in collisions. While these safety campaigns continue to promote the use of lifejackets, it is also important to ensure the correct type is available for the conditions. In New Zealand, a plea...

8. BORA Protection of Personal and Property Rights Amendment Bill [pdf, 185 KB]

   Protection of Personal and Property Rights Amendment Bill 14 November 2006 Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: PROTECTION OF PERSONAL AND PROPERTY RIGHTS AMENDMENT BILL(PCO 7396/7) Our Ref: ATT395/26 1. On Thursday 16 November 2006 the Cabinet Legislation Committee will consider the Protection of Personal and Property Rights Amendment Bill (PCO 7396/7) for approval for introduction to Parliament. 2. The proposed Bill amends...

9. 2022-02-11 Statement of Evidence of Edward Ellison dated 11 February 2022 [pdf, 692 KB]

   ...reflection of the condition of the people - when the wai is healthy, the people are strong and healthy and so too is their mana;1 (b) The whakapapa connection carries rakatira rights for Kāi Tahu and also imposes kaitiakitaka obligations to care for freshwater (wai māori) and the life it supports;2 (c) The primary resource management principle for Kāi Tahu is the protection of mauri, which is characterised by good quality waters that flow with energy and life, sustain health...

10. International Covenant on Civil and Political Rights - government reply to issues 6th report [pdf, 624 KB]

    ...objectionable” parliament is supreme so “[T]he court is unable to intervene.” 9 Other proceedings have been brought that relate to prisoner voting rights and consistency with section 12 of NZBORA. Judgments are awaited. 20. Terranova Homes and Care Ltd v Service and Foodworkers Union Nga Ringa Tota Inc 10 concerned the Equal Pay Act 1972. The case was brought by the Service and Foodworkers Union Nga Ringa Tota Inc on behalf of Kristine Bartlett, a caregiver in the aged car...