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1. 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...

2. [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...

3. [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...

4. [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...

5. [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...

6. 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...

7. 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...

8. Final Env-Reg-Report-2017-18 [pdf, 178 KB]

   ...joined an existing directly referred application for consent to upgrade an existing gondola in Queenstown. E.49 7 | P a g e • Lindis Catchment Group Inc – an application for resource consents in relation to the replacement of water permits required to implement an alternative regime within the Lindis catchment. This direct referral joined an existing plan appeal that relates to a related Plan Change to Otago Regional Water Plan. Land Valuation Proceedings As record...

9. Brown v Accident Compensation Corporation (Claim for Weekly Compensation) [2023] NZACC 56 [pdf, 195 KB]

   ...will not be accepted as being valid for weekly compensation purposes. [40] In Message,4 Judge Walker stated: [133] Judge Maclean, in Irwin, looked at the relationship between Clause 31 and s 15 and upheld the position that the Corporation is permitted to calculate a claimant’s earnings as a shareholder-employee pursuant to s 15(3) of the Act regardless of the IRD returns. [41] In Irwin,5 Judge MacLean stated: [34] … I have concluded that this is not a clause 31 type of situa...

10. LCRO 39/2009 FG v ZS (29 June 2009) [pdf, 220 KB]

    ...ZS’ comments could fairly be described as assertive and even coercive. [48] I am not persuaded, however, that they crossed the boundaries of the standards that apply to lawyers for the reason that our legal system is an adversarial one, and permits some latitude in adversarial conduct. One of the fundamental duties 11 of a lawyer is to protect and promote the interests of his or her client to the exclusion of the interests of third parties. It is part and parcel of an adv...