Search Results

1. Curgenven v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 26 [pdf, 286 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 District Court judgment [48] His Honour considered the evidence and the relevant law a...

2. GD & WL v RA LCRO 290/2013 (19 August 2014) [pdf, 146 KB]

   ...that he had confirmed all was in order and they would be signing the agreement. The signed Agreement dated 21 June was returned to Mrs RA by Mrs PZ. 2 Letter RA to GD and WL (17 June 2011) at [2]. 3 Resource Management Act 1991, ss 223 and 224. 3 [11] On the following day Mrs RA wrote to Mr GD and Ms WL and recorded the terms of the Agreement. That letter was headed: “Purchase [Name] Road Section”. The first sentence of...

3. Strengthening the family justice system - Word version [docx, 1.2 MB]

   ..._Toc532559405]What we’ve learnt During consultation, people told us:[bookmark: _Hlk535395837][bookmark: _Hlk535395838]“It was highly chaotic. I felt I was sent all over the place. Even internet searches give different results” · Parent · current information resources are difficult to follow · information is provided in formats that not everyone can access (for example, people with disabilities, low level literacy, limited English, no access to technology or living in remote locations)...

4. OIA-109795.pdf [pdf, 2.3 MB]

   ...silence and obliges the accused to provide information to the prosecution which may be used against him. Finally, the regime has been criticised as inconsistent with the adversarial system of criminal justice where the Crown has the advantage of resources and should not seek to gain further investigative and prosecutorial advantage from the accused himself.3 Officials believe that these criticisms are valid and do not recommend extending the duty of disclosure on the accused b...

5. Duty Lawyer Policy v-2.14.pdf [pdf, 303 KB]

   ...category 21 matter unless: a. there is a statutory onus on a defendant to satisfy a Judge that bail should be granted or b. further enquiries are required on a matter determinative of a grant of bail by the Court, and those enquiries are beyond the resources of the duty lawyers. (Duty lawyers are reminded they must make reasonable enquiries to assist defendants to confirm details, such as address or employment information) or c. the defendant is under an order made pursuant to the Men...

6. LCRO 52/2022 AD v OC (12 July 2024) [pdf, 244 KB]

   ...September 2020 The respondent seeks the applicant’s approval of and sends an email in response to the Council’s lawyers’ letter of 27 August 2020. 7 September 2020 The Council’s lawyers send another letter, this one relating to the lack of a resource consent for works being undertaken on the applicant’s property. 10 September 2020 Further letter from the respondent to the Council’s lawyers. The letter includes a request under the Local Government Official Informatio...

7. [2024] NZEmpC 99 Putaanga v MOVe Freight Ltd [pdf, 243 KB]

   ...she never understood him to be raising a grievance. Further, she said she was not the person with whom to raise it. She said that if she had understood him to be raising a personal grievance, she would have escalated it to her manager or human resources. [33] MOVe Freight said it was not aware of any grievance at the time. It did not, however, call any witnesses, other than Ms Valdes, who had any direct knowledge of, or involvement in, the events at the time. Mr Shelley, who gav...

8. LCRO 148/2022 NH v MV (13 June 2024) [pdf, 220 KB]

   ...was responsible for his own due diligence and was not to rely on anything I might have said. 6 2. DELAYS … There should have been a clause covering the consequence if he breached the clause (by adding a habitable space that would have needed resource and building consent) ie that therefore I would be absolved of obligation to provide CCC …. 3. UNDERTAKING The “undertaking” that [MV] gave to [Law firm 2] I did not know about. See [Law firm 4] comments em April 21 2017 4....

9. [2008] NZEmpC AC 44/08 HP Industries (NZ) Ltd v Davison [pdf, 54 KB]

   ...restructure was overseen by David Ralph, the operations manager. Through 2005 and 2006 about 60 employees were made redundant in several stages. This was carried out by Mr Ralph in consultation with the relevant union. He also took legal and human resources advice. [17] In the course of this process Mr Ralph had sought assistance from Mr Davison to assess the performance of other employees who were affected by the restructuring but Mr Davison was not advised that his own position...

10. LCRO 36/2023 TL v RY and SK (4 July 2024) [pdf, 180 KB]

    ...“frivolous” and “vexatious” have legal meanings that are different from their common usage although in neither case is there a statutory definition or any universally accepted legal definition. Both tests exist partly to prevent the wastage of judicial resources on cases that have little or no chance of success. [53] Expressions of the essence of a frivolous complaint have included not having any serious purpose or value, having no sound basis in fact or law, being unworthy of s...