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1. LCRO 173/2021 KC v TG (6 May 2022) [pdf, 237 KB]

   ...(the Act). [33] By way of orders, the Committee directed Mr KC to refund the consequent overpayment of legal fees by Mr TG. It imposed a fine of $2,000 and ordered Mr KC to pay costs in the sum of $1,500. Application for review [34] Mr KC filed his review application on 22 October 2021. He submitted: 8 At [69]. 9 At [71]. 9 (a) The Committee’s determination was “wrong in fact and law.” (b) The Committee’s reasons were “speculative and not related to what is [a...

2. Koha v Tatana - Succession to Winika Hāwe [2022] Chief Judge's MB 266 (2022 CJ 266) [pdf, 359 KB]

   ...Kaitaia 0483, hugh@vatl.nz, hugh@doubtlessbaylaw.co.nz mailto:Coral@wwandd.co.nz mailto:hugh@vatl.nz mailto:hugh@doubtlessbaylaw.co.nz 2022 Chief Judge’s MB 267 Hei tīmatanga kōrero Introduction [1] This application was originally filed on 4 February 2010 by Wiha Tuakana and Celia Morgan, both of whom are now deceased. They were two of the five children of Winika Hāwe from her first union to Hēnare Koha. On 22 April 2021, pursuant to s 71 of Te Ture Whenua Māori...

3. [2022] NZACC 163 – Harvey v ACC (22 August 2022) [pdf, 305 KB]

   ...of law, established sufficient grounds to sustain his application for leave to appeal, which is accordingly allowed. [46] Mr Harvey is entitled to costs. If these cannot be agreed within one month, I shall determine the issue following the filing of memoranda. P R Spiller, District Court Judge

4. Goel v Barron [2022] NZHRRT 28 [pdf, 217 KB]

   ...particular plaintiff is and the particular circumstances of the case. [72] This case is similar to that described in AB v Chief Executive, Ministry of Social Development at [71] above. The written apology of June 2020 was not made until after Mr Goel had filed his statement of evidence and Mr Barron and Performance Cleaners had filed evidence in reply. That apology, being over three years after the events in question and then only after the matter was ready for hearing, came too late to...

5. LCRO 53/2021 ST on behalf of the Executors of the Estate of KK v QM, WP, RS and DJ of ABC Law Limited (9 March 2022) [pdf, 274 KB]

   ...advanced after having been released from another loan that had been redeemed (repaid). [18] Whilst the authority for investment in the advance to [Company D] could not be located, Mr YC had “a degree of comfort that [he had] checked [ABC]’s loan files several times … and would be surprised if [he] had not checked the authorities for the [Company D] loan”. [19] Mr YC “saw considerable evidence that [ABC] ha[d] communicated with the investors in these loans as they progress...

6. Neemia v International Waste Ltd [2021] NZHRRT 32 [pdf, 182 KB]

   ...Interwaste’s witnesses during examination was initially all interpreted for Mr Neemia into Samoan, and after he advised this was unnecessary, it was interpreted for him as and when he required this. MR NEEMIA’S CLAIM [11] On 9 December 2016 Mr Neemia filed these proceedings alleging Interwaste had subjected him to racial and age discrimination, racial harassment and victimisation in breach of ss 22, 63 and/or 66 of the Human Rights Act 1993 (HRA). [12] Mr Neemia alleges it was dis...

7. Reid v Accident Compensation Corporation [2023] NZACC 194 [pdf, 254 KB]

   ...the claim was. No substantive response was received to that email and, on 7 June 2022, the appeal was dismissed for want of prosecution. [61] On 16 August 2023, Judge McGuire issued a Minute reinstating the appeal and making directions for the filing of submissions. [62] On 18 September 2023, Mr Wood filed submissions for Ms Reid. Based on the submissions filed, counsel emailed Mr Wood and the Court seeking clarification as to whether the scope of the appeal was (as previously a...

8. FN v Accident Compensation Corporation (Suspension of Entitlements) [2023] NZACC 199 [pdf, 288 KB]

   ...pseudoseizures from 1993. However, prior to this, in association with extreme stress around the illness of her first child, [the respondent] clearly recalled getting IBS symptoms at that time in her life. There are other likely somatisation symptoms in the files (out with the fall-related issues) which also include headaches, the stroke-like episode and "blindness" noted by Dr Wright's report. … 2. Alcohol Dependence Syndrome (in partial remission): if we are to tak...

9. [2024] NZLVT 023 - YMCA North Inc v Auckland Council (1 May 2024) [pdf, 415 KB]

   ...concluded the total compensation payable to YMCA was $858,400. The High Court dismissed YMCA’s appeal, allowed Auckland Council’s cross-appeal and substituted the compensation payable to YMCA. The costs directions were revived, and YMCA have filed an application for 1 YMCA North Incorporated v Auckland Council [2022] NZLVT 9. 2 Auckland Council v Samson Corporation Limited [2023] NZHC 1351. 3 costs.3 This is opposed as to quantum by the Council. YMCA revised clai...

10. [2024] NZSAAA 1 (20 September 2024) [pdf, 771 KB]

    ...limit in place at the time. The Ministry therefore determined to: (a) reassess the Appellant’s 2002 Student Allowance entitlement; and (b) seek recovery of a Student Allowance overpayment of $12,103.13. [4] The Appellant disagrees and has filed this appeal with the Authority, appealing the decision of the Delegate of the Chief Executive of the Ministry (the Delegate) dated 5 July 2023 (the Delegate’s decision), to uphold the Ministry’s determination. Procedural backgroun...