Search Results

1. Legal aid induction guide for legal aid providers [pdf, 402 KB]

   ...evidence are large and complex and there’s a substantial volume of documentary evidence. The Crown must also be represented by at least 2 counsel. The junior counsel takes a secondary role under the supervision of the lead provider and isn’t permitted to undertake the substantive hearing even if the lead provider is unavailable. Junior counsel can be of a lower listing approval category than the lead provider and will be remunerated up to their own approval category (not the proce...

2. Heta - Taiharuru 4C3B (2010) 13 Taitokerau MB 203 (13 TTK 203) [pdf, 146 KB]

   ...shares in the residue land. I am also of the view that the special nature of Māori land partitions requires that in many cases this position must obtain. I am not certain however that the present wording of the Act and in particular Section 180/53 permits this to be done at law, particularly in the face of the legal definition given to the word “partition”. Certainly the distinction between “subdivision” and “partition” is now not important as it was when in re Rehuot...

3. [2008] NZEmpC AC 9/08 Hardie (practicing as J D Hardie & Co) v Round [pdf, 63 KB]

   ...decisions as he saw fit, he himself might well have benefited from taking professional advice from a colleague with some knowledge of and experience in employment law. But, for the purposes of this judgment, it was unfair of Mr Hardie to not have permitted Dr Round to do so. It is not sufficient to say that it did not occur to Dr Round to ask for a postponement of the meeting to take legal advice and be represented. In all the circumstances of the case, that opportunity should ha...

4. {2017] NZEmpC 15 Spotless Facility Services NZ Ltd v Mackay [pdf, 143 KB]

   ...182(3) of the Act was that: The hearing of the challenge would relate to the import of the telephone discussion on 8 August 2014, together with, in the alternative, issues as to remedies. [31] He said that applying s 122 now would effectively permit a new claim as to whether Spotless had followed its policy. Counsel submitted that such an issue would be outside the nature and extent of the hearing as ruled on by the Court at the outset of the proceeding. [32] Mr Ballara emph...

5. Sexual-Violence-Bill-and-Govt-Response_FINAL.pdf [pdf, 1.7 MB]

   .................................................................... 6 Part Four: Significant Legislative Features ................................................................ 8 3 Part One: General Policy Statement This Bill is introduced under Standing Order 267(1)(a). This Standing Order permits an omnibus Bill to amend more than one Act to be introduced if the amendments deal with an interrelated topic that can be regarded as implementing a single broad policy. The single...

6. Neemia v International Waste Ltd [2021] NZHRRT 32 [pdf, 182 KB]

   ...he did not like Mr Neemia. Mr Richardson’s evidence was that Mr James was more thorough than the previous manager. [40] In relation to Mr Neemia’s resignation, Mr Richardson said Ms Shandil had asked him to approve Mr Neemia’s request he be permitted to resign rather than being dismissed to assist him with his future employment and he had approved this. [41] When cross-examined regarding Mr Neemia being disciplined in May 2014 for not wearing correct PPE and not operating the shr...

7. Court-Remote-Participation-Amendment-Bill_FINAL.pdf [pdf, 1.8 MB]

   ...the proceedings. 14 Audio links will be able to be used for civil proceedings when the judicial officer or registrar is satisfied that the parties will be able to effectively comprehend and participate in the proceeding. Audio links will not be permitted for mental health proceedings, which determine whether a person needs to be compulsorily detained and treated, if the affected person is attending. Judges need to be able to see and hear the affected person, and similarly the affected...

8. Te Wini v Askelund [2015] NZHRRT 21 [pdf, 97 KB]

   ...remedies: (a) (b) a declaration that the action of the defendant is an interference with the privacy of an individual: (c) an order restraining the defendant from continuing or repeating the interference, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the interference, or conduct of any similar kind specified in the order: damages in accordance with section 88: (d) (e) an order that the defendant perform...

9. Smith v ACC [2010] NZACA 6 [pdf, 192 KB]

   ...is subject to subs.(1) and provides a variety of methods to choose from if relevant earnings at the time of the accident cannot be determined under s.53(1). [62] Significantly, Mr Peart noted, none of those methods set out in the statute permit a reduction in relevant earnings by reference to speculation as to the availability of future work. Rather, in Mr Peart’s view the Act anticipates the use of accounting and other records to determine average weekly earnings at the tim...

10. Beef + Lamb NZ - EiC - J M Chrystal - Agricultural Science (5 Feb 2021) [pdf, 777 KB]

    1 IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change - Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T o...