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1. [2021] NZACC 33 - McSherry v ACC (10 February 2021) [pdf, 241 KB]

   ...these levels were degenerative and not caused by any accident event. [100] Mr Hunt submits that as time wore on the changes to the appellant’s lumbar spine became more widespread but without intervening accident events to account for it. [101] Mr Hunt submits that there is no medical evidence to show that the appellant suffered a disc herniation caused by the 1999 accident event. He submits the 4 McSherry v Accident Compensation Corporation [2010] NZACC 96. evidenc...

2. Director of Human Rights Proceedings v Attorney-General [2020] NZHRRT 45 [pdf, 626 KB]

   1 (1) ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS AND IDENTIFYING PARTICULARS OF AGGRIEVED PERSON OR HIS STEP-DAUGHTER (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE TRIBUNAL OR OF THE CHAIRPERSON Reference No. HRRT 091/2016 UNDER THE PRIVACY ACT 1993 BETWEEN DIRECTOR OF HUMAN RIGHTS PROCEEDINGS PLAINTIFF AND ATTORNEY-GENERAL DEFENDANT AT AUCKLAND BEFORE: Ms GJ Goodwin, Deputy Chairperson Ms DL Hart, Member Ms ST Scott QSM, Member RE

3. [2017] NZEmpC 117 Underhill v Coca-Cola Amatil NZ Ltd [pdf, 429 KB]

   TYRONE WAYNE UNDERHILL v COCA-COLA AMATIL (NZ) LIMITED NZEmpC AUCKLAND [2017] NZEmpC 117 [29 September 2017] IN THE EMPLOYMENT COURT AUCKLAND [2017] NZEmpC 117 EMPC 336/2016 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN TYRONE WAYNE UNDERHILL First Plaintiff AND KANE JOSEPH UNDERHILL Second Plaintiff AND COCA-COLA AMATIL (NZ) LIMITED Defendant Hearing: 12 June 2017 (Heard

4. LCRO 36/2018 AA v SM (19 December 2018) [pdf, 250 KB]

   ...had breached the client’s confidence to a third party.42 (a) Independence [100] The fundamental obligations of lawyers include the obligation in section 4(b) of the Act “to be independent in providing regulated services to clients”. [101] Rule 5 of the rules similarly provides that “[a] lawyer must be independent and free from compromising influences or loyalties when providing services to his or her clients”. 36 Lawyers...

5. LCRO 20/2017 AP v RE (20 December 2018) [pdf, 243 KB]

   ...submissions to this Office dated 8 August 2017 Mr LN said that the use of the word “misconduct” by Mr AP to describe Mr RE’s conduct is no longer pursued. Mr AP’s position is that his complaints establish unsatisfactory conduct. 18 [101] Mr RE rendered six invoices to Mr AP during the retainer, totalling $33,643.58 (including GST and disbursements), as follows: Date Fee GST Disbursements TOTAL 29 May 2015 $3,074 $461.10 $195 $3,730.10 14 July 2015 $2,030 $304.50 $133...

6. LCRO 52/2017 BL v JC (30 November 2018) [pdf, 332 KB]

   ...arithmetical calculation”,23 one lawyer may reach a “different conclusion[s]” from another lawyer “as to what sum is fair and reasonable, although all should fall within a bracket which, in the vast majority of cases, will be narrow”.24 [101] For that reason, there is a “proper reluctance to ‘tinker’ with bills by adjusting them by small amounts”. It “is therefore appropriate for Standard’s Committees not to be unduly timid when considering what a fair and reason...

7. MfE - Supplementary - T A D Ensor - Planning (18 March 2021) - Appendix A [pdf, 366 KB]

   ...permit. [100] Policy 10A.2.1(d) requires any existing residual flow, minimum flow and take cessation conditions to essentially be ‘rolled over’. That is not relevant here as the existing RWL ‘deemed permits’ have no such conditions. [101] Policy 10A.2.1(e) requires that there is a reduction in the volume of water allocated. In this case I understand that RWL have applied for less volume than they could take under their existing deemed permit and that so that policy requi...

8. Folwell & Anor as Trustees of the Paul and Pauline Folwell Family Trust v NC Developers Ltd 2010] NZWHT Auckland 11 [pdf, 269 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2009-100-000052 [2010] NZWHT AUCKLAND 11 BETWEEN PAUL AND PAULINE FOLWELL as TRUSTEES OF THE PAUL AND PAULINE FOLWELL FAMILY TRUST Claimants AND NC DEVELOPERS LIMITED First Respondent AND NORTH SHORE CITY COUNCIL Second Respondent AND NIGEL ENGLAND Third Respondent Hearing: Tuesday 2 March 2010 Final Submissions received: Friday 5 March 2010 Appearances: Mr David Watson, WHRS Assessor Mr Paul Folwell,

9. November 2019 Outstanding Applications [pdf, 663 KB]

   ...1977 - Application to the Chief Judge A20120015167 45/93 Mohi Wiremu Hotene CJ 2013/4 - Paratene Mita Hotene - and orders dated 1 September 1998 and 28 January 2000 at 90 WHK 405- 407 and 92 WHK 250-251 - Application to the Chief Judge A20130001014 45/93 Lynette Hatton, Jeanette Fifield CJ2013/3 - Mere Porotene – and succession orders made at 6 ADWG 312 dated 12 March 1990 - Application to the Chief Judge A20130001429 45/93 Rochel Nathan CJ 2013/6 - Richard Himiona Kukeme...

10. [2018] NZEmpC 123 Roach v Nazareth Care Charitable Trust Board [pdf, 567 KB]

    STEPHEN ROACH v NAZARETH CARE CHARITABLE TRUST BOARD NZEmpC CHRISTCHURCH [2018] NZEmpC 123 [19 October 2018] IN THE EMPLOYMENT COURT CHRISTCHURCH [2018] NZEmpC 123 EMPC 12/2018 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN STEPHEN ROACH Plaintiff AND NAZARETH CARE CHARITABLE TRUST BOARD Defendant Hearing: 24 – 25 July 2018 and further submissions on 15 October 2018 (Heard at Christchu