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1. [2021] NZEnvC 035 The New Zealand Refining Company Limited v Whangarei District Council [pdf, 1.1 MB]

   ...Agency remains extant. E: The Strategic Policy - Regionally Significant Infrastructure topic is resolved. F: Under section 285 of the Act there is no order as to costs. REASONS Introduction [1] This determination results from a consent memoranda filed by the parties in relation to the appeals by The New Zealand Refining Company Limited (Refining NZ) and the New Zealand Transport Agency (Waka Kotahi). [2] On 20 November 2020, a consent memorandum and draft consent documents wer...

2. [2021] NZACC 3 - Judkins v ACC (5 January 2021) [pdf, 185 KB]

   ...decision, or the evidence upon which it was based (including the VIMA by Dr Walls) was flawed. [6] In September 2012, Mr Judkins suffered injuries to his arm, back, hip and thigh. [7] On 21 November 2012, Mr Brick, Mr Judkins’ treating surgeon, filed an Assessment Report and Treatment Plan (“ARTP”), claiming further arthroscopic surgery on the left side. The ARTP suggested that Mr Judkins’ symptoms had settled following the last surgery, which was in September 2011, but t...

3. Panapa - Ngawhare rāua ko Merepapuha Raukura Maika Te Rangipuawhe Whānau Trust (2017) 159 Waiariki MB 277 (159 WAR 277) [pdf, 228 KB]

   ...combine their parents’ interests; amalgamating the trusts mentioned above to create the Ngawhare rāua ko Merepapuha Raukura Maika Te Rangipuawhe whānau trust. 4 1 The application was filed by Taimona Panapa on behalf of the Frank and Ngarangimihi Maika whānau trust. 2 221 Rotorua MB 158 (221 ROT 158). See also 6 Registrar’s MB 338 (6 REG 338). 3 273 Rotorua MB 17-23 (273 ROT 17-23). 4 289 Rotorua MB 45-49 (289...

4. [2017] NZEmpC 47 Singh v Trustees of the Wellington Rudolf Steiner Kindergarten Trust [pdf, 104 KB]

   ...proceeding by virtue of execution of the settlement. In the determination dated 3 June 2016, the Authority upheld the defences raised by the Trust and concluded that Ms Singh was therefore precluded from pursuing her claims in the Authority. She has filed a challenge to that determination, seeking a hearing de novo. Pleadings [5] The original statement of claim filed on behalf of Ms Singh contained considerable detail as to the factual background to the dispute. If the Cour...

5. Kidwell v Karaitiana - Waipuka 3A3A(2019)78 Tākitimu MB 7 (78 TKT 7) [pdf, 272 KB]

   ...Zealand.1 The block was was created by partition order on 23 November 1906.2 On 25 November 1970, a declaration was issued per to s 6 of the Māori Affairs Amendment Act 1967, that the land shall cease to be Māori land. [5] Applications were filed in 2012 and 2016, seeking to constitute a formal management structure over the land. However, at a meeting of owners held in 2017, a motion was passed to appoint agents to act on behalf of the owners for limited purposes. Charmaine Hea...

6. [2019] NZEnvC 162 Linnell v Hastings District Council [pdf, 378 KB]

   ...visual effects and planning matters. It also supplied accounts from the months of April and May 2019 that relate to: 13 14 (a) Legal attendances following receipt of the Court's directions issued on 14 March 2019 and the preparation and filing of the 3 April memorandum prior to the pre-hearing conference; (b) Attendance at the pre-hearing conference in Napier; and (c) Subsequent attendances in respect of further memoranda and the review, finalisation and exchange of exper...

7. [2021] NZREADT 05 - Ogilvie (22 January 2021) [pdf, 232 KB]

   ...REAL ESTATE AGENTS AUTHORITY (CAC 1901) First Respondent AND KEIGHLY ABEL Second Respondent On the papers Tribunal: Hon P J Andrews (Chairperson) Ms C Sandelin (Member) Mr N O’Connor (Member) Submissions filed by: Ms Ogilvie, Appellant Ms L Lim, on behalf of the Authority Date of Ruling: 22 January 2021 ____________________________________________________________________ RULING OF THE TRIBUNAL (Application for lea...

8. [2020] NZEmpC 111 Cooper v Phoenix Publishing Ltd [pdf, 218 KB]

   ...have been requested. [10] This is the second time Ms Cooper’s application has been set down for hearing to consider what orders, if any, should be made. When Ms Cooper sought a compliance order from the Authority, Phoenix Publishing did not file a statement in reply and took no steps. [11] When Ms Cooper applied to the Court for sanctions to be imposed under s 140(6) of the Act, Phoenix Publishing did not file a statement of defence and, initially at least, showed a similar dis...

9. TI v N Ltd [2019] NZDT 1438 (30 September 2019) [pdf, 200 KB]

   ...Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. A Notice of Appeal may be obtained from the Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 28 days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 28 days if you have been granted...

10. RC v LUD Group Ltd [2021] NZDT 1380 (20 April 2021) [pdf, 215 KB]

    ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 days if you have been granted an...