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1. 20241003 Mental Health Bill [pdf, 246 KB]

   ...Clause 44. interests of the patient. Where the therapy is to be given to a patient under the age of 18, the therapy is only reserved for those in the situations noted above.19 Power to sedate when sedation urgently required 35. Clause 184 permits a mental health practitioner or paramedic acting on request of the practitioner, upon the practitioner completing an urgent assessment under cl 183(1) and making an application required by cl 183(2),20 to urgently sedate the proposed...

2. [2024] NZEnvC 244 Bowkett v Whangarei District Council [pdf, 295 KB]

   ...temporary, and signalled that he was willing to remove the boxes within 12 months, to find an alternative long-term solution, and file any necessary resource consents; (b) arguments surrounding the potential legality of the stone boxes being permitted were removed from submissions during the hearing so not to waste the Court’s time. While Mr Bowkett conceded the part of the argument surrounding the stone boxes lawfulness, it was still a legitimate case to seek the exercise of th...

3. Julian v Inia - Succession to Moehuarahi Te Ruuri (2024) 322 Waiariki MB 32 (322 WAR 32) [pdf, 300 KB]

   ...been described in the case of Coleman v Chalklen [2016] NZHC 3178 as follows: There are exceptions to the general exclusionary rule. The exception which is applicable in this case is known as the “armchair principle”. The armchair principle permits a court to ascertain all the facts known to the will-maker at the time he or she made the will. The Court of Appeal reiterated the limits on the discretion in Williams v Aucutt [2000] 2 NZLR 479, (2000) 19 FRNZ 260 (CA) when Blanchar...

4. EU & SU v KC [2024] NZDT 615 (15 July 2024) [pdf, 128 KB]

   ...to secure the boundary the wall will need to be stepped in accordance with local council rules. Once the retaining wall has been built a 1.5m high wooden post, railing and paling fence is to be built as close to the top of the retaining wall as is permitted by the local Council rules. 3. The work must comply with all relevant local Council rules including regarding the provision of drainage behind the retaining wall and obtaining a building consent if required. 4. If the cost of t...

5. Rogers v Wiringi - Succession to Ngahuiatapu Rogers [2024] Chief Judge's MB 1844 (2024 CJ 1844) [pdf, 272 KB]

   ...the relationship between the whāngai and the adopting parents; (c) Whether there has been an ōhākī; and (d) The customary values and practices of the iwi or the hapū associated with the land in question and whether those values and practices permit a whāngai, with or without a blood relationship to their matua whāngai, to take interests in land. [24] In Milner v Milner – Succession to Warihi Te Keu Faenza Milner the Court addressed an application for a whāngai to succeed...

6. Tranche 3 of Cabinet and Ministerial advice on changes to clubs and ranges regulations [pdf, 1.3 MB]

   ...F I D E N C E 2 I N C O N F I D E N C E 5.1 maintain the regulatory requirements for pistol clubs and ranges, recognising that there are higher regulatory standards associated with pistols (such as the requirement for an endorsement and a permit to possess a pistol) due to the ability to conceal them, and streamline the annual reporting requirements to reduce burdens on operators; 5.2 simplify the regulatory requirements for non-pistol1 clubs and ranges to recognise non-pistols...

7. LCRO 196/2022 LQ and BQ v HN (2 December 2024) [pdf, 186 KB]

   ...by deduction from trust money. [77] A full copy of that article is attached to this decision. I also refer to [15.1] of the Lawyers Trust Accounting Guidelines (June 2024) issued by the New Zealand Law Society. The paragraph reads: You are not permitted to deduct fees from a client’s trust money unless you have provided that client with an account for the services carried out (Regulation 9(1)) and the client has authorised the deduction (Section 110). [78] I do not consider that a...

8. Hawira v Pomana - Succession to Te Au Pomana [2024] Chief Judge's MB 2004 (2024 CJ 2004) [pdf, 401 KB]

   ...raised with them while they were alive. Arguably, the filing of the application demonstrates a marked lack of respect or aroha for them and their immediate whānau, raising as it does the potential for whakamā. [20] What is clear is that the law permitted the exercise of jurisdiction to make the order complained of. I cannot reverse that based on the wishes of the siblings who now, over 40 years later, want to claim a share of the Māori land interests of Te Au Ote Rangi Pomana. I...

9. Wellington Standards Committee 1 v McCardle [2025] NZLCDT 3 (10 January 2025) [pdf, 624 KB]

   ...in a timely manner. [31] Mr McCardle’s conduct in delegating the remaining executive functions of his duties to a beneficiary is not the prime focus of the charges although it provides the context in which the Deed was created. We agreed to permit Ms Fee to file a memorandum following the formal hearing. She has done so, advising that Mr McCardle had made an offer to Mr S to resolve the outstanding duties to the charity beneficiaries. That is material evidence that Mr McCardle...

10. Estate of Moloney v Accident Compensation Corporation [2024] NZACC 203 [pdf, 191 KB]

    ...claimants. The fact that the matter ended up before a review, and the Reviewer did not exercise her power to quash the Corporation’s decision, demonstrates that clarity is needed on section 32(2)(b). A live issue exists, and the appeal should be permitted to progress to a substantive hearing. 2 Sinclair v Accident Compensation Corporation [2013] NZHC 374. 13 [49] This Court notes the above submissions. However, the Court notes the following considerations. [50] First,...