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1. Traumatic Brain Injury and people in the justice system: Research paper [pdf, 847 KB]

   ...is known about prevalence of TBI for other parts of the justice system. This paper explores the extent of recorded TBI prior to interaction with the justice system. ‘Recorded’ refers to TBI cases resulting in hospitalisation or where an ACC claim was accepted. This means prevalence rates in this report will underestimate the true extent of TBI, since there are people who experience a TBI and are not admitted to hospital and do not make an ACC claim. This analysis was conducted in...

2. SI v MO LCRO 241 / 2011 (7 November 2012) [pdf, 109 KB]

   LCRO 241/2011 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of Auckland Standards Committee 2 BETWEEN SI Applicant AND MO Respondent The names and indentifying details of the parties in this decision have been changed. Introduction [1] This review involves a consideration of the obligations of a lawyer to obtain approval from a client to make payment...

3. Saraswat v Chase-Seymour [2012] NZIACDT 25 (29 May 2012) [pdf, 96 KB]

   ...Chase- Seymour. Mr Saraswat sought Ms Chase-Seymour’s advice regarding immigration issues. [2] They disagree regarding whether there was to be a fee for this consultation. [3] Mr Saraswat says they had a preliminary discussion regarding a potential application for residence; and she told him there would be no fee, but he was charged $250. [4] Ms Chase-Seymour says she charges an initial consultation fee, as some potential clients otherwise get free advice, and then undertake the work...

4. Waikato Bay of Plenty Standards Committee 2 v Revell [2022] NZLCDT 40 (9 November 2022) [pdf, 99 KB]

   ...ACT 2006. NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2022] NZLCDT 40 LCDT 020/21 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN WAIKATO BAY OF PLENTY STANDARDS COMMITTEE 2 Applicant AND WAYNE JOHN REVELL Respondent DEPUTY CHAIR Dr J G Adams MEMBERS OF TRIBUNAL Mr S Hunter KC Ms K King Ms M Noble Prof D Scott HEARING 3 November 2022 HELD AT Specialist Courts and Tribunals Centre, A...

5. Matiu - Toetoe No 6 [2018] Chief Judge's MB 739 [pdf, 436 KB]

   ...MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20130001673 CJ 2013/8 UNDER Section 45, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Toetoe No 6 block (Matururoimata Cemetery) CONCERNING TANGI MATIU Applicant Hearing: 19 September 2018, 2018 Chief Judge’s MB 587-607 (Heard at Whangarei) Judgment: 7 November 2018 DECISION OF DEPUTY CHIEF JUDGE C L FOX 2018 Chief Judge�...

6. [2022] NZEnvC 202 Manawatu-Whanganui Regional Council v Paranui Organics (2006) Ltd [pdf, 5.6 MB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA IN THE MATTER BETWEEN AND Decision No. [2022] NZEnvC 202 of an application under s 320 of the Resource Management Act 1991 THE MANAWATU-WHANGANUI REGIONAL COUNCIL (ENV-2022-WLG-000032) Applicant P ARANUI ORGANICS (2006) LIMITED GLENN MARTIN BARTOSH Respondents Court: Environment Judge B P Dwyer sitting alone under s 309 of the Act Hearing: In chambers at Wellington (on the pa...

7. BORA Non-Bank Deposit Takers Bill [pdf, 362 KB]

   ...ownership. POSSIBLE INCONSISTENCIES WITH THE BILL OF RIGHTS ACT 1990 Section 14 – Freedom of Expression Section 14 of the Bill of Rights Act affirms the right to freedom of expression, which includes the freedom to seek, receive, and impart information and opinions of any kind and in any form. The right has been interpreted as including the right not to be compelled to say certain things or to provide certain information. [2] We note, taking into account the various domestic...

8. Auckland Standards Committee 4 v O'Boyle [2021] NZLCDT 27 (29 October 2021) [pdf, 170 KB]

   ...PARAGRAPH [40] OF THIS DECISION. NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2021] NZLCDT 27 LCDT 021/20 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN AUCKLAND STANDARDS COMMITTEE 4 Applicant AND LYNETTE O’BOYLE Practitioner DEPUTY CHAIR Judge J G Adams MEMBERS OF TRIBUNAL Ms A Callinan Ms N McMahon Mr S Morris Ms S Stuart DATE OF HEARING 18 October 2021 HELD AT Specialist Courts...

9. Walters v Wikiriwhi - Oruanui 9 and Others [2021] Maori Appellate Court MB 102 (2021 APPEAL 102) [pdf, 350 KB]

   ...conflict. In the cross-examination of Mr Trevelyan in the Lower Court, he indicated that the advice came from Mr Kai Fong via Mr Peter Lewis. However, there is no other evidence that advice was given prior to the hui on 1 November 2013. Mr Walters claims he then engaged his own lawyer and the parameters for the deal were agreed to. The terms were that Mr Walters would pay one-third of the purchase price at auction (with the trustee’s maximum bid limited to $900,000.00), and half...

10. [2021] NZACC 105 - W v ACC (16 July 2021) [pdf, 384 KB]

    ...formulations when interpreting accident compensation statutes. [12] The evidence was that students are not expected to be paid while on placement although that was possible. The Reviewer said that to interpret “pecuniary gain” so widely as the applicant contended to include advantage to her career was not possible. Noting from the handbook that the purpose of the placement was to provide a learning environment for the student to apply knowledge and further develop their co...