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1. NZLS 19 Mar 2013 Giving Evidence [pdf, 281 KB]

   ...compelled to answer questions that would incriminate you. If you feel that giving evidence might incriminate you, talk to a lawyer about that. Usually, a witness gives evidence orally in a courtroom. However, there are other ways in which the judge can permit a witness to give evidence, including: ·· giving evidence while screened from the defendant; ·· giving evidence-in-chief by video record; ·· giving evidence by closed circuit television from another room in the courthouse;...

2. Committee on the Elimination of All Forms of Racial Discrimination – summary record 15th-17th reports (continued) [pdf, 63 KB]

   ...measures listed in paragraph 78 of the report, aimed at reducing the effects of the family violence to which Maori women were exposed. CERD/C/SR.1821 page 10 52. Referring to paragraph 136 of the report, he asked whether migrants holding work permits of less than two years and aliens in an irregular situation had access to health care and whether their children had access to education in the same way as people on work permits allowing a stay of two years or more, refugees and asylum...

3. Hawke v ACC [2013] NZACA 5 [pdf, 86 KB]

   ...12 17 to the District Court for determination; if not, it would remain in the Authority and directions would be made for bringing the substantive appeal to a hearing. Existing appeals were to be either dealt with on the papers if time permitted, or as a preliminary matter at the substantive hearing. No appeal against the decision was contemplated when the wording of the practice note was discussed and agreed to. [58] I have not seen the Registry letters to counsel in R...

4. [2017] NZEnvC 037 Wellington Fish Game Council v Manawatu-Wanganui Regional Council [pdf, 3.7 MB]

   ...to the matters set out in s104, but they must not necessarily be accepted. See eg: Foodstuffs (South Island) Ltd v Christchurch CC [1999] NZRMA 482 (HC). [15] A further restriction of the decision-making power exists in the case of discharge permits (a class of resource consent) required to authorise an activity that would otherwise contravene s15 (except in the case of a truly exceptional, or temporary, or other work required for maintenance, which do not apply here). Section 107...

5. Rafiq v Commissioner of Inland Revenue [2012] NZHRRT 12 [pdf, 106 KB]

   ...inquiry by the Registrar, Mr Rafiq confirmed that he had not travelled to Wellington, would not be attending any of the hearings and would be relying on his “paper submissions”. The hearing accordingly proceeded in the absence of Mr Rafiq as permitted by Regulation 19(3) of the Human Rights Review Tribunal Regulations 2002. The Commissioner’s only witness, Mr Andrew Rodger, Manager, Relationship Management Group, gave oral evidence in accordance with his brief of evidence and answ...

6. Austin v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 180 [pdf, 634 KB]

   ...burden of proof; • It considered the history of the claim in the High Court litigation which was not a relevant factor, and which provided an appearance of bias or predetermination; and did not consider how the Accident Compensation Act permitted some recovery of the payments; • It relied upon the opinions of medical practitioners, or scientists, without identifying: [1] Whether they were “experts” in terms of the Evidence Act 2006; [2] Whether the evidence shoul...

7. LCRO 57/2021 FC v HS, FM and QP (8 September 2023) [pdf, 224 KB]

   ...my daughter and son and if it is hard I will ask you. [100] None of this material supports Ms FC’s assertions about being denied her interpreter of choice. Ms FC has neither adduced any evidence of her own of [Law firm A] being reluctant to permit her to use her own interpreter nor responded to the evidence adduced by the respondents supporting the general proposition that they translated what they were asked to translate when they were asked to translate it. [101] I find that Ms...

8. RI v Hart LCRO 158 / 2011 (13 July 2012) [pdf, 160 KB]

   ...hand. 3 [9] The respondent’s [this should have referred to the Applicant] application for review was lodged on 15 July 2011. Section 200 of the Lawyers and Conveyancers Act obliges me to conduct the review with as much expedition as is permitted. No adjournment to the date fixed by this Minute will be granted unless extraordinary circumstances prevent Mr Hart from either appearing on that date, or from preparing submissions to be presented on his behalf, or provided to this O...

9. Tuwhangai v Boon - Kawhia U2B [2022] Maori Appellate Court MB 347 (2022 APPEAL 347) [pdf, 313 KB]

   ...Rae v International Insurance Brokers (Nelson Marlborough) Ltd [1998] 3 NZLR 190 at 192 (CA). Particular weight will be accorded in summary judgment proceedings to the need for finality: it is only in exceptional circumstances that the Court will permit further evidence to be filed on appeal: Lawrence v Bank of New Zealand (2001) 16 PRNZ 207 (CA). [26] We are not satisfied that the further evidence is necessary to reach a just decision for three reasons. First, the appellant had amp...

10. Budapest-Convention-and-Related-Matters-Legislation-Amendment-Bill_FINAL.pdf [pdf, 545 KB]

    ...activity in private premises by means of a visual surveillance device, and use of a surveillance device that involves trespass to land. 37 The Budapest Convention only requires interception powers for mutual legal assistance requests ‘to the extent permitted under their applicable treaties and domestic laws’. In other words, it does not require parties to make these powers available if they are not already. 38 However, in 2021, when taking policy decisions on acceding to Budapest...