Search Results

1. 20240923-Sentencing-Reform-Amendment-Bill-and-District-Court-Judges-Amendment-Bill [pdf, 5.7 MB]

   ...can be appointed at any one time from 182 full time equivalents to 183 full time equivalents. This is to support the implementation of the Sentencing Reform Bill, which is predicted to lead to more sentencing events and will require more judicial resource. The District Court Bill raises no Bill of Rights Act issues. Warrantless arrest powers: s 22 of the Bill of Rights Act 5. The Sentencing Reform Bill confers a power to arrest an offender without a warrant, if a constable or probation...

2. 20240923-Sentencing-Reform-Amendment-Bill.pdf [pdf, 5.7 MB]

   ...can be appointed at any one time from 182 full time equivalents to 183 full time equivalents. This is to support the implementation of the Sentencing Reform Bill, which is predicted to lead to more sentencing events and will require more judicial resource. The District Court Bill raises no Bill of Rights Act issues. Warrantless arrest powers: s 22 of the Bill of Rights Act 5. The Sentencing Reform Bill confers a power to arrest an offender without a warrant, if a constable or probation...

3. LCRO 68/2023 QB v VN (5 September 2024) [pdf, 190 KB]

   ...improper purpose. 10 [58] It was a threat made with intent to leverage Mr QB’s client’s position and achieve a financial settlement for his client. [59] It was put to Mr QB at hearing that it would present as doubtful that the time and resources of WorkSafe would be expended in pursuing a criminal prosecution of an employer who had neglected to provide an employee with a wrist support. Mr QB agreed that would be unlikely. [60] I agree with the Standards Committee that conclus...

4. Smith v Accident Compensation Corporation (Interest on weekly compensation) [2024] NZACC 139 [pdf, 185 KB]

   ...attempts to relitigate the same issue expose him to a risk of a costs’ award against him.13 [28] Mr Smith applied for leave to appeal to the High Court, but this was declined on 8 November 2023 by Judge McGuire, who stated: [26] Judicial resources are finite. There are each year several hundred ACC appeals filed that need to be dealt with. In the Applicant’s case, as mentioned, Judge Spiller notes that since Judge Beattie’s decision in June 2007, the 12 Smith v Accident...

5. B Ltd v JD [2024] NZDT 285 (7 March 2024) [pdf, 165 KB]

   ...email and phone details. It was address to JD. B Ltd’ standard terms and conditions were attached to that letter. It is signed by JD and OL. Another one-page document was signed by JD appointing B Ltd as his agent for the purposes of building and resource consent services. 14. JD says he should not be bound by this contract. He accepts he signed the documents. However, he says he did not understand the documents he was signing. He said he was misled by AJ into believing he was just...

6. Proactive Release Firearms Tranche 2 [pdf, 3.8 MB]

   ...documents of club information may be removed, and inspection of ranges is only undertaken when there may be specific safety concerns. I consider that any impacts on rights arising from these proposals are proportionate and justified. Use of external Resources 65 No external resources were used in the development of this advice and none of the proposals are expected to result in the use of external resources to deliver this work. Consultation 66 The Ministry of Justice has consul...

7. Herewini - Succession to Ra Herewini [2024] Chief Judge's MB 1103 (2024 CJ 1103) [pdf, 506 KB]

   ...All the main parties, including the original applicant and his mother, are now deceased. The land remains in the ownership of the original applicant’s sister along with her partner. They have invested a significant amount of time, effort and resources into the property. To allow the other siblings or their successors to inherit the land after so many years, may result in a degree of unjust enrichment.14 13 Māori Affairs Amendment Act 1974. 14 Commissioner of Inland Revenu...

8. [2024] NZEnvC 260 Middleton v Queenstown Lakes District Council [pdf, 11 MB]

   MIDDLETON FAMILY TRUST v QLDC – TOPIC 31 – FINAL DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 260 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN ARNOLD ANDREW MIDDLETON, ISABELLE GLADYS MIDDLETON, WEBB FARRY NOMINEES LIMITED & STEWARD LESLIE PARKER AS TRUSTEES OF THE MIDDLETON FAMILY TRUST (ENV-2019-CHC-55) Appellants...

9. Duty Lawyer Policy v2.15.pdf [pdf, 302 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...

10. Watson v Day - Torere Section 64 (2024) 310 Waiariki MB 227 (310 WAR 227) [pdf, 286 KB]

    ...they failed to carry out any due diligence, and this has resulted in loss. [46] Mr Watson relies on a number of documents developed during his tenure on the CoM, including an analysis of land use options, which included financial modelling, land resource reports, and a market valuation into the lessee’s interest in the tree crop. These reports are consistent with the 2018 Strategic Vision, and a One Year Plan, which set out the direction of the previous Committee of Management. He...