Search Results

1. 2023-10-10-Rebuttal-Evidence-of-J-McConchie-Hydrology-and-Flooding.pdf [pdf, 987 KB]

   ...Assuming that such a condition is recommended, and I do not believe that it is necessary, it would be more appropriate to reference a positive change in the flood hazard category, as defined for example in the Floodplain Development Manual (2005).4 101. Mr Kinley and Mr McArthur propose a threshold for an ‘acceptable effect’ of the Project on rural zoned land of 100mm outside of the designation. However, they provide no evidence for this threshold or the change in effects abo...

2. Hodgson v Accident Compensation Corporation (Work-Related Personal Injury) [2024] NZACC 40 [pdf, 326 KB]

   ...December 2021 that she did not sustain a physical injury as a result of the 10 days working at AFFCO is reversed. That means that she has cover for this work related personal injury. [100] It is noted that the appellant is legal aided. [101] Costs are reserved. CJ McGuire District Court Judge Solicitors: Armstrong Thompson, Wellington Braun Bond & Lomas Limited, Hamilton Izard Weston, Lawyers, Wellington Background Appellant’s Submissions Re...

3. LCRO 76/2022 & 81/2022 PF v BA (13 May 2024) [pdf, 243 KB]

   ...can now prepare the necessary documents and will be in touch. [100] Following an enquiry from Mr PF in December 2019, Mr BA advised:28 The retirement & appointment has not progressed as we were trying to locate the original Trust Deed. [101] Mr PF considers that this amounts to incompetence and a breach of the Trusts Act 2019. [102] In his letter to the Lawyers Complaints Service on 11 November 2021, Mr BA provides further reasons for the documentation not being completed. H...

4. Outcomes for Mentally Impaired Persons December 2023 [xlsx, 102 KB]

   ...Male 90 93 123 156 147 125 150 158 160 160 84% 75% 85% 81% 82% 81% 80% 87% 83% 86% Unknown 0 1 0 1 0 0 0 0 0 0 0% 1% 0% 1% 0% 0% 0% 0% 0% 0% Ethnicity European 56 61 65 87 75 69 75 75 75 65 52% 49% 45% 45% 42% 45% 40% 41% 39% 35% Māori 41 48 58 74 76 63 101 88 97 93 38% 39% 40% 38% 42% 41% 54% 48% 51% 50% Pacific Peoples 11 13 16 19 25 18 23 18 15 26 10% 10% 11% 10% 14% 12% 12% 10% 8% 14% Asian 4 4 7 11 6 6 1 3 7 6 4% 3% 5% 6% 3% 4% 1% 2% 4% 3% Other 0 1 3 6 8 4 2 5 5 4 0% 1% 2% 3% 4%...

5. Mehrtens v Accident Compensation Corporation (Revocation, Suspension) [2023] NZACC 8 [pdf, 287 KB]

   ...has made payments made by it, in respect of the claim, before the date of the revision unless the claimant has made statements or provided information to the Corporation that are, in the opinion of the Corporation, intentionally misleading. [101] The decision Atapattu-Weerasinghe6 provides that where ACC relies on an error to revoke cover, it bears the onus of proving the error. 6 See Atapattu-Weerasinghe n3. [102] Section 117(1) of the Accident Compensation Act provides t...

6. Howell v Accident Compensation Corporation (Personal Injury) [2023] NZACC 85 [pdf, 347 KB]

   ...in patients who have undergone lumbosacral fusion. [100] Two days after Dr MacVicar’s report, on 18 April 2019, ACC declined cover for her sacroiliac joint pathology and declined to pay for surgery to treat her sacroiliac joint pathology. [101] In the paper file review by Mr Pai of 12 May 2019, he said he could not relate the appellant’s ongoing symptoms to her surgical treatment in 2013. However, he does not comment on whether the surgery is causally related to the sacroilia...

7. [2023] NZEmpC 179 Pyne v Invacare New Zealand Ltd [pdf, 255 KB]

   ...a loss of self-confidence in the context of a redundancy dismissal, and his distress was exacerbated by STL’s failure to engage with him on the reasons behind his redundancy. 25 GF v Comptroller of the New Zealand Customs Service [2023] NZEmpC 101 at [162]. [49] The deduction for contribution was said to be based on Mr Pyne’s undisputed comments to the staff member. In this regard the Authority said: [88] A manager acting responsibly in that situation would have taken m...

8. [2023] NZREADT 28 - Whalan and Partners Ltd v CAC2107 & SL (06 October 2023) [pdf, 232 KB]

   ...formal disciplinary finding or can be dismissed as minor and below the threshold for such a finding. Further, we agree with the Committee’s decision in this case to take no further action against the licensees in respect of the wrong estimate. [101] The Committee then went on to assess the agency’s conduct, notwithstanding having effectively dismissed the complaint against the licensees. It found the agency had breached r 5.1 and was guilty of unsatisfactory conduct. [102]...

9. LCRO 145/2023 ET v PU (25 February 2025) [pdf, 241 KB]

   ...retainer (r 7 of the Rules). 15 [100] If safety concerns were a factor, then Ms PU may have been justified in terminating their retainer, as bullying behaviour by a client towards their lawyer entitles a lawyer to terminate the retainer.11 [101] As observed by me above, in those circumstances Ms PU would have been obliged to explicitly articulate for Mr ET’s benefit both the fact of termination and the reason for doing so. [102] She did not do so, perhaps because her view was t...

10. LCRO 103/2022 RP v DQ (25 September 2024) [pdf, 272 KB]

    ...– results achieved. 22 Costs [100] Where a finding of unsatisfactory conduct is made or upheld against a practitioner, it is usual for a costs order to be made against the practitioner in favour of the New Zealand Law Society.38 [101] Accordingly, and pursuant to s 210(3) of the Lawyers and Conveyancers Act, Ms RP is ordered to pay the sum of $1,600 to the New Zealand Law Society. Enforcement of costs order [102] Pursuant to s 215 of the Act, I confirm that the order...