Search Results

1. [2021] NZEnvC 118 Drach v Tasman District Council [pdf, 2.4 MB]

   ...DECISION OF THE ENVIRONMENT COURT 2 A: The appeal is allowed only to the extent that Conditions 9 and 10 are amended as shown in [85]. The appeal is, in all other respects, declined. B: Tasman District Council ('TDC') is directed to file for the court's approval, a further version of the consent, in TDC formatting, to reflect the findings in this decision. C: Costs are reserved and a timetable is set. REASONS Introduction [1] Lynette and Paul Shirley and Ivf...

2. [2023] NZEmpC 74 Nelmac Ltd v Reunited Employees Assoc Inc [pdf, 339 KB]

   ...facilitation conduct; and (g) continued to raise new claims throughout the process leading to the November determination. [106] In relation to the last claim, submissions were made that the Authority’s directions were breached in a brief of evidence filed jointly by the union’s representatives and in submissions presented on its behalf. Attention was also drawn to the Authority’s adverse comment in the November determination criticising the union’s behaviour. [107]...

3. [2022] NZEmpC 52 Fechney v Employment Relations Authority [pdf, 382 KB]

   ...be that costs are not appropriate in this case.58 If, however, Customs does seek costs, then it may apply by memorandum filed and served within 15 working days of the date of this judgment. If an application is made, Ms Fechney may respond by filing and 58 The Attorney-General appeared on the basis that he may not apply for costs against any party. serving a memorandum in response within a further 10 working days. The application for costs would then be dealt with on...

4. [2022] NZEmpC 4 Chief of the New Zealand Defence Force v Darnley [pdf, 401 KB]

   ...challenge to a determination of the Employment Relations Authority BETWEEN THE CHIEF OF NEW ZEALAND DEFENCE FORCE Plaintiff AND JULIETTE DARNLEY Defendant Hearing: 29–30 April and 26 May 2021 and further submissions filed on 14 and 18 June 2021 (Heard at Wellington) Appearances: J Boyle, and C Mao (on 29-30 April 2021), counsel for plaintiff P McKenzie-Bridle, counsel for defendant Judgment: 20 January 2022 Reissued:...

5. v2.3-Induction-guide-for-legal-aid-providers-April-2017.pdf [pdf, 714 KB]

   ...questions the best they can and provide the necessary documents. Before sending the application to your local legal aid office, must make sure it: • is fully completed including all financial details • includes any supporting information • is filed before the matter has been finally disposed of by a Court or tribunal. Incomplete applications If an application is incomplete or missing essential information, the grants officer will write to you and your client to request the informati...

6. Watson v Accident Compensation Corporation (Weekly Compensation) [2024] NZACC 019 [pdf, 315 KB]

   ...representation of his earnings in the relevant year. (d) Given that position, the Corporation should have applied s 15(3) to determine an amount that represents reasonable remuneration for services provided as an employee to the company. [22] Mr Watson filed an affidavit stating that from 20 April to 18 July 2021 he worked for the company L & M as a shareholder-employee, working at least 40 hours per week, and that a reasonable income for someone working as a director of the c...

7. Arthur v Accident Compensation Corporation (Vocational Independence) [2023] NZACC 36 [pdf, 253 KB]

   ...noted that Mr Arthur was keen to try surgery. Mr Tasman-Jones thought that, at best, there was a 50% probability that there would be some improvement and there was a real risk that further surgery could make things worse. An ARTP was subsequently filed, and surgery funding was approved. [35] On 10 November 2015, the surgery on Mr Arthur proceeded, followed by further post-surgical hand therapy. Post-surgical reporting indicated some improvement in symptoms. [36] On 21 March...

8. OIA-109631.pdf [pdf, 3.4 MB]

   ...Kaupapa Inquiry. The Ministry of Justice is the lead Crown agency, and you are the lead Minister on behalf of the Crown. In exceptional cases, the Tribunal can grant an application for an urgent inquiry into claims. This may include strict timetables for filing of evidence, hearings and cross-examination. If this were to occur, it would require a significant investment of time and resources from the Ministry. 18. We will advise the Government on how best to respond to these issues should they...

9. Toa'fa v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 116 [pdf, 306 KB]

   ...backwards in the process. He experienced immediate and intense pain in his wrist. He tried to continue working, but could not continue at full pace and was allocated light duties. [4] On 22 July 2020, Mr Toa’fa presented to Dr William Kim, GP, who filed a claim seeking cover for sprain of Mr Toa’fa’s right wrist ligament as a result of “handling and cutting off mutton” at his work. [5] Later, on 22 July 2020, Mr Toa’fa presented to Ms Teri Mitchell, Counties Hand Cli...

10. Collett - Lot 41 Deposited Plan South Auckland 4295 (Katikati Parish of Lot 2A1) (2025) 278 Waikato Maniapoto MB 175 (278 WMN 175) [pdf, 362 KB]

    ...e kīa nei ko Lot 41 Deposited Plan South Auckland 4295 (Katikati Parish of Lot 2A1) (“te poraka”) mai i te whenua Māori Herekore ki te whenua Tianara. Introduction [1] On 23 June 2023, Dennis Reginald Collett (“the applicant”) filed an application to change the status of the block known as Lot 41 Deposited Plan South Auckland 4295 (Katikati Parish of Lot 2A1) (“the block”) from Māori Freehold land to General land. [2] Ko te kaitono anahe te kaipupuri w...