Search Results

1. [2022] NZEnvC 167 MTP Limited v Westland District Council [pdf, 324 KB]

   ...have found them to be of limited assistance to the facts of this case. The facts [14] The court was presented with extensive evidence, much of which the parties agree is not relevant to any matter in issue.11 We do not essay the evidence filed, but simply note the relevant facts, most of which are agreed. [15] We do so by responding to the questions posed by the High Court in Goldfinch next. The nature of the activity authorised by the consents [16] The subdivision consent...

2. [2022] NZEmpC 184 Straayer v Employment Relations Authority [pdf, 329 KB]

   ...is currently before the Authority” but, rather, “any matter which is or has been before the Authority”. [63] Construed in this way, the Court concluded the purpose of the subsection was clear. It was to prevent review proceedings being filed until the Authority was quit of the case and any rights of challenge had been exercised. It held that in virtually every case, the challenge procedure, except where it proceeds de novo, could be expected to tidy up the sort of problems...

3. [2022] NZEmpC 136 The Board of Trustees of Southland Boys High School v Jackson [pdf, 248 KB]

   ...BOARD OF TRUSTEES OF SOUTHLAND BOYS HIGH SCHOOL Plaintiff AND STEPHEN JACKSON First Defendant AND ALAN BAILEY Second Defendant AND LINDA DALZELL Third Defendant Hearing: 17-18 March 2022 and further submissions filed on 11, 19 and 22 April 2022 (Heard at Wellington via Virtual Meeting Room) Appearances: R Harrison, counsel for plaintiff M-J Thomas, counsel for defendants Judgment: 2 August 2022 JUDGMENT OF CHIEF JUDGE CHRISTIN...

4. [2021] NZACC 94 - Smith v ACC (1 July 2021) [pdf, 239 KB]

   ...and the condition which is to be treated, which means that we’re unable to cover this condition and we/re unable to approve your specialist’s request to pay for your surgery. [3] The decision concerns the initial request for funding filed by Mr Swan, orthopaedic surgeon relating to the 20215 accident. Subsequently, Mr Swan filed an amended request for funding with a change of date and relating to another accident in 2013. The Corporation’s Advisory Panel (CAP) reviewe...

5. Auckland Standards Committee 2 v Brill [2022] NZLCDT 3 (21 January 2022) [pdf, 557 KB]

   ...MEMBERS OF TRIBUNAL Hon P Heath QC Mr S Hunter QC Ms M Noble Prof D Scott HEARING HELD AT Specialist Courts and Tribunals Centre, Auckland DATE OF HEARING 7 September 2020 FURTHER SUBMISSIONS ON CHARGE AS AMENDED, ON THE PAPERS Filed 6 September 2021 (for the Practitioner) and 20 September 2021 for the Standards Committee DATE OF DECISION 21 January 2022 COUNSEL Mr L Radich and Mr M Djurich for the Auckland Standards Committee Mr W Pyke for the Practitioner

6. [2021] NZACC 182 – Sutherland v ACC (16 November 2021) [pdf, 363 KB]

   ...Receptionist (general). Background [2] On 13 March 2015, the appellant suffered an ankle injury while she was walking on loose metal. She rolled her ankle, causing her to fall to the ground. On 15 March 2015, an ACC injury claim form was filed for a left ankle sprain. [3] At the time, the appellant worked as an executive chef at Revas Restaurant in Whangarei, where she had worked for some eight years prior to her injury and had been employed by the same employer for a total...

7. Kawhia – Waiomatatini C and Wairoa 1A (2024) 126 Tairāwhiti MB 196 (126 TRW 196) [pdf, 469 KB]

   ...tono ki te whakarerekē i te ōta taratī. Ko Eruera Paratene Kawhia rātou ko Keriana Tupaea Tawhiwhirangi, ko Manihera Morete, ko Paul Te Kakapaiwaho Tibble, ko Venus Christian Taare ngā tarahitī o te Taratī. [1] An application was filed by Dr John Bunbury, on behalf of the trustees of the Waiomatatini C & Wairoa 1A Trust (the Trust), to vary the trust order pursuant to section 244 of Te Ture Whenua Māori Act 1993 (the Act). The trustees of the Trust are Erue...

8. ND & OD v MF [2024] NZDT 32 (2 February 2024) [pdf, 206 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 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you hav...

9. Ryan v Accident Compensation Corporation (Impairment Assessment) [2025] NZACC 015 (28 January 2025) [pdf, 260 KB]

   ...19% to the final impairment rating of 20%. Dr Kanji also commented on Mr Ryan’s objections. [13] On 9 March 2023 the Corporation sent another letter to Mr Ryan, with its new decision based on a 20% assessment. [14] On 8 June 2023, Mr Ryan filed his review application against that new decision. [15] On 21 June 2023 Dr Kanji provided a further report, after having reviewed both Mr Ryan’s statements of 8 June 2023 and 6 December 2022. [16] The review hearing took place on 6...

10. [2025] NZEmpC 44 Mutonhori v Wairoa District Council [pdf, 276 KB]

    ...entitled to costs. In the event the parties are unable to agree on costs, the Council will have 28 days from the date of this judgment within which to file and serve any memorandum in support of its claim for costs. Mr Mutonhori is to respond by filing and serving a memorandum within a further 21 days. Any reply from the Council then should be filed and served within a further seven days. J C Holden Judge Judgment signed at 10.30 am on 14 March 2025...