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1. KM v TE [2021] NZDT 1619 (30 July 2021) [pdf, 264 KB]

   ...listings (such as her photograph appearing on a signboard or online advertising), this does not make the listings joint listings. In this regard, I note TE’s comment that including KM on some of the marketing information helped KM’s lift her profile and did not mean that the properties were jointly listed. I have taken into account that the [Agency] Manual notes that the remuneration of associate salespeople is the responsibility of the salesperson to whom the associate is CI0301_CI...

2. Attrition and progression of reported sexual violence victimisations in the criminal justice system - annual report (March 2023) [pdf, 304 KB]

   ...justice system to a conviction. Sexual violence victimisations can also take a long time to progress through the justice system, with around one third of court cases (if they occur at all) taking more than two years to complete after charges are filed. This report describes the sexual violence victimisations reported to the New Zealand Police between April 2017 and March 2022, and how they have progressed through the criminal justice system. The report is intended to be published an...

3. Daly v Accident Compensation Corporation (weekly Compensation) [2022] NZACC 217 [pdf, 262 KB]

   ...earnings as an employee of PCCS over the 52 weeks immediately prior to his incapacity (80% of $35,714.63 ÷ 52 weeks). [6] On 17 September 2007, PCCS suspended Mr Daly’s entitlements. This decision followed a review of Mr Daly’s condition filed by Dr M Beasley, Medical Toxicologist, which suggested that Mr Daly’s ongoing symptoms were not caused by his chemical exposure. [7] On 5 May 2017, the Corporation’s suspension decision was quashed by the District Court, on the bas...

4. Alves v Accident Compensation Corporation (Personal Injury) [2022] NZACC 215 [pdf, 206 KB]

   ...acute injury and his plain x-ray shows no pre-existing features and his MRI scan confirms no pre- existing features of rotator cuff disease. 5 [21] On 12 November 2020, Mr Tim Lamb, Registered Nurse, reported that the clinical information on file did not support a traumatic rotator cuff tear. He noted that the Corporation’s published Consideration Factors for ACC cover for rotator cuff tears that factors which were less supportive of a possible causal link between an accide...

5. Tawa v Tuaropaki E Trust - Tuaropaki E [2022] Māori Appellate Court MB 377 (2022 APPEAL 377) [pdf, 326 KB]

   ...received special aid, while the respondent has not. The respondent is, on ordinary principles, entitled to costs. While we are not encouraging an application, if the respondent wishes to make application they should do so by way of memorandum to be filed within 14 days of the date of this decision. The appellant will then have a further 10 working days to file any submissions in reply. I whakapuaki i te 2:30pm i Te Whanganui-a-Tara, i te rā tekau mā waru o Hiringa-ā-nuku i te ta...

6. LCRO 145/2021 AZ v BY (28 October 2022) [pdf, 205 KB]

   ...Background [2] Mr AZ owned a property in Christchurch which was damaged in the 2010/2011 earthquakes. [3] Mr AZ lodged a claim with his Insurer, [XJI Insurance Limited] [(XJI)]. [4] Mr AZ and [XJI] could not reach agreement and proceedings were filed in the High Court on 31 August 2017. [5] In May 2018, Mr AZ instructed Mr BY to assist him to progress his claim. 2 [6] Mr AZ complained about various aspects of Mr BY’s advice, service and conduct, during the time Mr BY...

7. National Standards Committee 1 v Palmer [2022] NZLCDT 42 (10 November 2022) [pdf, 128 KB]

   ...all maintained a determined effort to avoid over egging the evidence – all conceded that Mr Palmer may not have intended offence. They are to be commended for their careful evidence. 15 Directions 1. The Standards Committee is to file its submissions on penalty within 14 days of the date of this decision. 2. The respondent practitioner is to file his penalty submissions within a further 14 days thereafter. 3. The case manager is, in consultation with counsel and...

8. Karaitiana v Waka Kotahi - Parahaki Island (2022) 454 Aotea MB 299 (454 AOT 299) [pdf, 1.6 MB]

   ...which was under construction at the time of the site visit. [5] I record my appreciation to counsel for Waka Kotahi and the staff and consultants who assisted the court on site and at the hearing. I was also assisted by the additional evidence filed by Waka Kotahi after the hearing in response to my directions. I discuss Mr 454 Aotea MB 301 Baildon’s affidavit at paragraph 23 and following. I also record my appreciation for the assistance the trust chair, Mr Karaitiana, and tr...

9. [2023] NZEnvC 095 Country Lifestyles Limited v Auckland Council [pdf, 428 KB]

   ...(c) [1] [2] [3] [4] 3 Freshwater) Regulations 2020 (NES-F).1 InfoTech declarations InfoTech applied for declarations against the Council in respect of the property at 782 Haruru Road, Wainui. The application for declarations was filed following the Council’s return of an application to amend the conditions of resource consent for an operational clean fill at the property. The Court’s decision in relation to the three proceedings In decision Country Lifestyle...

10. X Ltd v II [2021] NZDT 1539 (14 May 2021) [pdf, 169 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...