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1. Harland v ACC [2010] NZACA 9 [pdf, 79 KB]

   ...with Mr McBride that the Court of Appeal addressed that precise issue (in the context of parents/family members assisting ACC claimants) and determined that health itself was insufficient; direct financial cost in doing so was also required. [101] Section 80(2)(b) of the 1982 Act provided: “80 Compensation for pecuniary loss not related to earnings b) Pay to any person, or to the administrator of the person, such compensation as the Corporation thinks fit for any identifiable...

2. Heath v Auckland Council [2012] NZWHT Auckland 20 [pdf, 193 KB]

   ...in around gib cove, with bubbling and damage to paint. Silicone around deck end appears okay... [100] The pre-purchase building work does not record that there was any evidence of ongoing damage arising from the deck/wall connection. [101] The original assessor’s report does not identify the north elevation deck as a cause of any damage. The assessor only identifies water entry through the concrete walls and pergola ledgers. He records that the defects he identified h...

3. LCRO 113-2017 GN v IG [pdf, 265 KB]

   ...have invested the maturing investments on-call pending delivery of the Court’s judgment. Neither the trust nor Mrs IG could 14 have taken reasonable objection to that course. The funds would have remained secure and earning interest. [101] Although a comment made with the benefit of hindsight, it is apparent that Mr GN recognises the dilemma I have referred to. At the hearing before Mr Hesketh he acknowledged that although he had no intention of depriving Mrs IG of money tha...

4. [2017] NZEmpC 128 ALA v ITE [pdf, 242 KB]

   ...order which I made on 1 September 2017. Also relevant is the provision which provides jurisdiction for the making of non-publication orders which were made on both 12 ALA v ITE, above n 7, at [101]. 13 At [132]. 14 That is, those made on 26 August, 3 September, 18 September and 9 October 2017. 15 I considered and rejected a similar submission in my judgment of 12 April 2017, ALA v ITE, above n 7, at [46]. occasi...

5. [2017] NZEnvC 207 Auckland Council [pdf, 734 KB]

   ...Transport Authority) which is diverted into its network. It also includes the discharges of stormwater from that network to land, groundwater, rivers, streams, lakes and the sea. Consent is sought for a term of 35 years. Application reference 8360310177, DIS 60310177, lodged on 30 October 2017. 3 [4] The application expressly does not cover private stormwater diversions or discharges that do not enter the public network. It does not authorise new structures or operational acti...

6. BORA Financial Markets Conduct Bill [pdf, 474 KB]

   ...obligations • In addition to the obligations discussed in paragraphs 25 to 35, the Bill provides for other reporting obligations at prescribed times or on the occurrence of prescribed events and otherwise in a prescribed manner. Clauses 100 and 101 require the issuer of a debt security to prepare and provide reports to the supervisor that contain the documents, information, or other material that are required by the regulations or all documents and records relating to the issuer...

7. Smith v ACC [2013] NZACA 12 [pdf, 65 KB]

   ...although his accident occurred in 1979. That is as far as I am prepared to take the application of Appleby in his particular case. Costs appeal [41] Mr Greene’s costs award was made after he had considered the accepted criteria under s 101(15) and the applicable case law. I agree in most respects with ACC’s submissions that Mr Winter cannot meet the criteria approved in K v B4 , being that Mr Greene made an error of law or principle, or took into account irrelevant co...

8. SW v Standards Committee LCRO 371/2013 (14 September 2015) [pdf, 104 KB]

   ...[100] Competency involves the notion of the practitioner conducting his professional affairs in a capable and able manner. Diligence has been defined as, “care; caution; the attention and care required from a person in a given situation”.14 [101] In giving careful consideration to the conduct in its totality, I arrive at the view that Mr SW’s failure to keep accurate records at significant points in the transaction, and his preparedness to act against his former clients in circu...

9. IAA v Sparks [2013] NZIACDT 5 (07 February 2013) [pdf, 170 KB]

   ...responsibility for engagement with their client, initiate the client relationship, and personally provide immigration advice. The exceptions to personal professional service delivery are limited to genuine clerical processes, and narrowly defined. [101] I am satisfied: [101.1] Mr Labendia initiated the professional relationship, and in doing so gave immigration advice in the sense of assisting Mr OBC in regard to an immigration matter. He was neither qualified nor entitled to do so...

10. McLeod v C Yap [2013] NZIACDT 19 (28 March 2013) [pdf, 177 KB]

    ...Pursuant to section 50 of the Act, the complaint is upheld in respect of Ms Yap engaging in misleading behaviour concerning the fees Mr and Ms McLeod agreed to pay. [100] In other respects, the complaint is dismissed. Submissions on Sanctions [101] As the complaint has been upheld, section 51 allows the Tribunal to impose sanctions. [102] The Authority and Mr McLeod have the opportunity to provide submissions on the appropriate sanctions, including potential orders for costs, refund...