Search Results

1. LCRO 185/2017 DO v DP (18 March 2019) [pdf, 237 KB]

   ...purpose; and (b) the practice obtains the client’s instruction or authority for the transfer or payment, and retains that instruction or authority (if in writing) or a written record of it; and (c) payments to a third party are made in a form that permits the crediting of the money only to the account of the intended payee; and (d) transfers to another client are by way of trust journal entry [85] Section 110 has been considered by the Courts. In Heslop v Cousins,23 the High Co...

2. Justice Matters - issue 15 - July 2019 [pdf, 3.5 MB]

   ...Act 1991. The Court largely deals with appeals about the contents of regional and district plans and appeals arising out of applications for resource consents. Consent applications may be for land use; a subdivision; a coastal, water or discharge permit; or a combination of these. The Court usually sits with a Judge and one or more of its Environment Commissioners. The Commissioners have expertise in many areas including planning and engineering. The Commissioners also conduct mediati...

3. [2022] NZEnvC 029 Waimea Plains Landscape Preservation Society Inc v Gore District Council [pdf, 438 KB]

   ...landowners of some of the dwellings would be ‘very high’. [91] Ms Pflüger explained in some detail the range of viewing locations she visited as part of her site visit and assessment.44 She also told the court that her client’s brief did not permit her to enter private properties,45 although she did acknowledge, in answering questions from the court, that it would have been preferable for her to do so.46 [92] It appears also that she had no discussions with any of the occupa...

4. La Grouw as Trustee of the GJ Peacocke Trust v Rantin & MRA Architects Ltd [2011] NZWHT Auckland 8 [pdf, 178 KB]

   ...the drawings and that he prepared them in his usual manner. Like all the evidence Mr Watson gave, this evidence was careful and credible. Ms La Grouw wrote that because of problems, both with the architect and with getting resource consents and permits, no attempt was made to start the building for another twelve months from the end of 1999. I have concluded that Mr Watson‟s short delay in mid 2000 in completing the drawings (which then went to the engineer) did not materially...

5. Practice Standards for Legal Aid Lawyer (2016) [pdf, 487 KB]

   ...specific consent of the court to release the report has been obtained. Protecting the Commissioner’s interests 24. A lawyer must: 24.1 Take all reasonable steps to protect the interests of the Commissioner under a charge, including not doing or permitting anything that would or might effect the transfer of the property without the charge being satisfied (section 107(2)(a) and (b) Legal Services Act 2011) 24.2 Advise the Commissioner if he or she is aware that an aided person has, i...

6. Protection order applications June 2021 [xlsx, 90 KB]

   ...issued by Police to protect people at risk from violence, harassment or intimidation. When a PSO is made the person bound by it must leave the address while the PSO is in force and abide by certain conditions. If the bound person does anything that is not permitted by the PSO, Police can take the person to court. A breach of a PSO is not a criminal offence. However, where a PSO has been breached, Police can request a temporary Protection Order be issued by the District Court. This occurs as lon...

7. OIA-109631.pdf [pdf, 3.4 MB]

   ...reports under section 27. These judge-directed section 27 reports were facilitated by the Ministry on behalf of the Courts. 20. An issue was identified with this practice as the section does not authorise the Court to order such a report. The section permits an offender to request the Court hear this information. 21. Subsequently, expenditure on these reports by the Ministry through the Courts appropriation fund was stopped and offenders increasingly requested the reports themselves. As a res...

8. RIS - Updating the provisions in the Electoral Act 1993 for managing polling disruptions [pdf, 773 KB]

   ...Parliament in place to examine any decisions that a Minister may make. Without this oversight, there is the risk and perception that power may be used inappropriately. It would also be inconsistent with the Commission’s independence; the Act does not permit Ministers to direct the Commission on how it performs its functions and duties. Option C: Electoral Commission responsible for adjournment with requirement to consult with the Prime Minister and the Leader of the Opposition...

9. Reti v Reti-Steel-Hemaima Reti [2023] Māori Appellate Court MB 274 (2023 APPEAL 274) [pdf, 363 KB]

   ...the length of the relationship between the whāngai and the adopting parents, whether there has been an ohaki, the customary values and practices of the iwi or the hapu 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. In the end, however, it is a judgement call to be made by the judge after considering all the evidence and having regard to the Preamble...

10. Improving jury trial timeliness - Discussion document [pdf, 447 KB]

    ...alcohol) • Aggravated careless driving causing death or injury • Aggravated careless driving or transport driving causing death or injury (under the influence) • Damage local authority works or property Land Transport Act 1998 • Permit premises or motor vehicle use for drug offence or cannabis offence Misuse of Drugs Act 1975 MAXIMUM PENALTY OF FOUR YEARS’ IMPRISONMENT 23 OFFENCE LEGISLATION • Unlawfully carry or possess firearm, res...