Search Results

1. Proactive release - Statutes Amendment Bill [pdf, 1.3 MB]

   ...(Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009; 5.30 Prisoners’ and Victims’ Claims Act 2005; 5.31 Privacy Act 2020; 5.32 Public Finance Act 1989; 5.33 Railways Act 2005; 5.34 Residential Tenancies Act 1986; 5.35 Resource Management Act 1991; 5.36 Retirement Villages Act 2003; 5.37 Returning Offenders (Management and Information) Act 2015; 5.38 Sale and Supply of Alcohol Act 2012; 5.39 Senior Courts Act 2016; 5.40 Te Awa Tupua (Whanganui River Clai...

2. Savage v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 53 [pdf, 231 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … . The Court’s judgment of 30 November 2022 [28] Judge McGuire noted at the outset of...

3. RQ & Anor v MZ LCRO 127 / 2011 (2 October 2012) [pdf, 108 KB]

   ...untrue information to the Council when forwarding the Notice of Sale, which they describe as “duplicitous conduct” by MZ; that they considered MZ was responsible to a large extent for the considerable delays which occurred in obtaining the resource consent and in complying with the subdivision conditions; and that MZ was largely responsible for the difficulties with regard to the process of transferring title to them. [15] In the complaint to the Law Society, RQ and RR sou...

4. [2020] NZSSAA 23 (20 November 2020) [pdf, 263 KB]

   ...if she did not retain her home in Nelson, so needs to meet the cost of travel to the work community. It is necessary to deduct these costs from the appellant’s income to give the correct measure of what income from her work truly adds to her resources.5 [36] The concept that income should be measured by what truly adds to a person’s resources was explored by Davison J in F v Chief Executive of the Ministry of Social Development in respect of income measurement for Social Securi...

5. Family justice reforms: An initial cohort analysis [pdf, 898 KB]

   ...agreement themselves where appropriate. The Family Justice System was structured to encourage people to reach agreements and to prevent disputes from occurring or escalating. It includes the following out-of-court components: • information resources and tools to assist self-resolution • Family Dispute Resolution (FDR) to enable people to reach agreement with the help of a mediator. FDR is a mediation service that gives participants extra help to reach agreement on the care o...

6. Alloa v Ullapool LCRO 159/09 (22 June 2010) [pdf, 162 KB]

   ...(the Practitioner) who represented R at a later stage when R decided to issue proceedings against his vendor in which the Applicant was involved. [2] The Applicant had initially established with the local authority that he did not need a resource consent for his proposed deck, and his building consent was approved. This process occurred, or was at least well advanced before R purchased the property next door. R, acting for himself, filed proceedings in the Environment Court...

7. [2022] NZACC 184 — Simpson v ACC (27 September 2022) [pdf, 233 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … . [17] Section 100 of the Act provides that entitlement to weekly compensation depends...

8. Leaning Rock Cherries Ltd - EiC - E Weaver (5 February 2021) [pdf, 242 KB]

   ...Solicitor on the record Helen Atkins Helen.Atkins@ahmlaw.nz (09) 304 0421 Contact solicitor Louise Ford Louise.Ford@ahmlaw.nz (09) 304 0429 IN THE ENVIRONMENT COURT OF NEW ZEALAND ENV-2020-CHC-127 CHRISTCHURCH REGISTRY IN THE MATTER of the Resource Management Act 1991 (RMA or the Act AND 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...

9. Beattie v Official Assignee (Costs) [2021] NZHRRT 40 [pdf, 174 KB]

   ...defence to matters which had not been in issue. [30] Were it not for the able assistance which counsel for the Assignee provided to the Tribunal there had been a real risk of the hearing being adjourned for completion at a later date. But the resources required to address the surprise turn of events were intensive and undoubtedly put the Assignee to additional legal expense. [31] Cumulatively, Mr Beattie’s failure to conduct his claim in a reasonable manner increased the time spent...

10. Regulatory Impact Statement Tribunal Enhancements [pdf, 257 KB]

    ...figures are still indicative based on assumptions on:  o The future caseload and impact of Accident Compensation Corporation policies   o How many cases will remain in the backlog when the new tribunal is established and  will require temporary additional resource  o The number of judicial members and staff that are needed  o The uptake and impact of the new powers in improving case throughput  o The impact of operational imp...