Search Results

1. CM v RG LCRO 131/2012 (7 September 2015) [pdf, 67 KB]

   ...attributes of a barrister. It is his duty to not keep back from the court any information which ought to be before it, and he must in no way mislead the court by stating facts that are untrue, or mislead the judge as to the true facts, or knowingly permit a client to attempt to deceive the court. How far a barrister may go on behalf of his client is a question too difficult to be capable of abstract definition, but when concrete cases arise one can see for oneself whether what he has done...

2. Green – Trustees of Te Kou Tiaki and Tangi Ataahua Green Whanau Trust (2014) 92 Waiariki MB 183 (92 WAR 183) [pdf, 213 KB]

   ...Trust terminated as, in his view, the trustees have not adhered to their roles and responsibilities. [5] The Court heard the matter on 3 July 2013 3 when counsel sought to have this application substituted for a s 241 application. That was not permitted but both applications were dealt with. [6] Following discussions with Deputy Registrar Dittmer at the hearing, it became clear that the trustees had not been complying with their responsibilities as trustees, but that they were...

3. [2021] NZEmpC 71 Bowen v Bank of New Zealand [pdf, 241 KB]

   ...departing from the principle of open justice is high. [42] Where the application is for an interim non-publication order, the principle of open justice has less weight than at a later stage in the proceedings. The Courts are cautious about permitting public opinion to be formed based on allegations rather than a determination of the Court.18 [43] The Court is more likely to grant non-publication orders over disputed evidence that would not be the subject of judicial findings.19...

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

   ...be undetiaken in reliance on section 69(2) of the Act: see Re Henry Rakaitauheke Whaitiri 117 South Island MB 274. However, such orders appear to have only been made where the paliies consent. Celiainly, I do not believe that section 69(2) would permit compulsory DNA blood testing given that section 54 of the Family Proceedings Act, the section expressly enacted to deal with parentage testing, does not go that far. [33] The COUlt therefore has no DNA evidence before it and is left t...

5. [2021] NZACC 133 – Larason v ACC (17 August 2021) [pdf, 373 KB]

   ...that area or not. In the absence of any observed deformity prior to the injury it remains more likely that the hernia developed as a consequence of the injury rather than spontaneously. Further Evidence at Appeal Hearing [32] Mr Larason was permitted to give evidence at the appeal hearing and again to demonstrate the mechanism of injury using a prop that had two round slices of timber of approximately 300 millimetres in diameter attached to each end of a slender pole to represe...

6. [2015] NZSSAA 009, 13 February [pdf, 66 KB]

   ...received the payments of benefit in good faith; (d) the beneficiary changed his position believing he was entitled to receive the money; and (e) it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. [43] Pursuant to s 86(9B) of the Social Security Act 1964 the term “error” includes: (a) the provision of incorrect information by an officer of the Ministry; (b) an erroneous act or omission occurring during an inve...

7. [2019] NZEnvC 196 Te Runanga O Ngati Awa v Bay of Plenty Regional Council [pdf, 2.5 MB]

   ...undermine the purpose of the zone and integrity of the plan. Mr Carlyon expressed the opinion that Creswell had not demonstrated a functional need to establish the plant in this location as: 65 i. A new bore has been established under a new bore permit replacing the existing permit. ii. A new factory is being built. iii. A much larger volume of water is to be processed and exported to China as opposed to being sold in New Zealand. Smith v Auckland City Council [1996] NZRMA 2...

8. [2011] NZEmpC 148 Service and Food Workers Union PSA v Pact Group [pdf, 119 KB]

   ...the support and care they need. The fact that the defendant’s services are funded by public money reinforces that public interest. It follows that, if the required care and support is absent or the level of it reduced because staff are not permitted to work, that must be contrary to the public interest. [40] I conclude that, if the normal level of support and care for clients in supported accommodation is reduced or impaired by a proposed lockout, that will affect the publ...

9. Government Response to Law Commision Report on New Issues in Legal Parenthood [pdf, 36 KB]

   ...gestational relationship with a child; (ii) Whether the assumption underlying the current law, that a child should have no more than two parents, be amended to allow a child to have more than two parents identified in law; (iii) Whether the law should permit a child to have only one parent recognised in law; (iv) Whether the current statutory presumptions as to parenthood based on relationships with the child’s birth mother be amended, and if so, how; (v) What should be the processes and...

10. Establishing a Criminal Cases Review Commission - Redacted [pdf, 298 KB]

    ...would replace section 406 of the Crimes Act 1961, under which the referral power is currently exercised by the Governor-General on Ministerial advice. 29. The statute would need to specify the ground or grounds on which referral to the court was permitted. This would ensure a clear statement of the CCRC’s principal function and ensure that the body maintained a constitutionally appropriate relationship with the courts. The formula for referral would likely have regard, as the UK and Sc...