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1. [2021] NZACC 161 – Fuller v ACC (14 October 2021) [pdf, 298 KB]

   ...[21] On 22 January 2019, ACC declined cover for Ms Fuller’s claim. On 23 January 2019, Ms Fuller lodged an application to review ACC’s decision. The Reviewer upheld ACC’s decision in a decision dated 16 October 2020. This appeal was filed on 27 October 2020. [22] Eight further medical reports on the appellant have been tendered since ACC’s decision of 22 January 2019. The Appellant’s Submissions [23] Ms Pointon noted that the appellant had been in two car acc...

2. [2021] NZACC 17 - Sowerby v ACC (14 January 2021) [pdf, 195 KB]

   ...impingement as a result of the uncoordinated joint motion caused by the tear. [33] On 16 May 2019, the review hearing continued. By way of a review decision dated 1 June 2019, Mr Wilson upheld the Decision. [34] On 1 July 2019, the appellant filed a notice of appeal with the District' Court. [35] On 18 July 2019, the appellant's work colleague, Kahu Ferris provided a written statement confirming that the appellant had to have several months off work and that when the...

3. [2021] NZREADT 23 - Baker v Real Estate Agents Authority (18 May 2021) [pdf, 173 KB]

   ...towards Mr Drumm, and brought overbearing pressure to bear on him. He recorded that Mr Drumm denied that he made postings adverse to Mr Baker. [23] Affidavits sworn by Mr Drumm and his manager at the agency where he is now engaged were filed. [24] Ms Davies submitted on behalf of the Authority that the focus for consideration of penalty is on the gravity of a licensee’s departure from professional standards, not the quantum of any loss suffered. She submitted that t...

4. [2022] NZEnvC 209 Manawa Energy Limited v Marlborough District Council [pdf, 944 KB]

   ...of appeal points allocated to the Energy topic. The remaining appeal points remain to be resolved at a later date. Potential issues as to scope for deletion of r 3.1.60 [3] The consent memorandum seeks deletion of r 3.1.60. Search of the court file records thus far has not revealed that there is scope for this change. Manawa Energy's originating submission refers to the development, operation, maintenance and upgrading of new and existing renewable electricity generation 3...

5. [2023] NZEmpC 106 Ling v Super Cuisine Group Ltd [pdf, 254 KB]

   ...[2017] NZEmpC 132, [2017] ERNZ 791 at [62]. 23 GF v Comptroller of the New Zealand Customs Service [2023] NZEmpC 101 at [162]. supporting material, with the defendant having a further 14 days within which to respond. Any reply should be filed within a further seven days. Kathryn Beck Judge Judgment signed at 9 am on 13 July 2023

6. [2024] NZEnvC 140 The Trustees of the Spruce Grove Trust v Queenstown Lakes District Council [pdf, 282 KB]

   ...parties’ costs: (a) Walrus Jack Trustees Limited the sum of $84,400; (b) Queenstown Lakes District Council the sum of $90,400; (c) Millbrook Country Club Limited the sum of $104,200. B: Under s286 Resource Management Act 1991, this order may be filed in the District Court at Queenstown for enforcement purposes (if necessary). REASONS Introduction [1] The Trustees of Spruce Grove Trust (‘SGT’) and the Trustees of the Boundary Trust (‘BT’) (together, ‘the appellants...

7. Central Standards Committee 3 v Bailey [2023] NZLCDT 53 (5 December 2023) [pdf, 191 KB]

   ...A and B. B’s director consented to her acting for B on a basis that A was “copied in.” Ms Bailey failed to clarify this and proceeded to act for both. [17] In September 2020, A purported to terminate the franchise agreement with B. B filed High Court proceedings. In support of its application for an interim injunction, 6 B’s director swore an affidavit referring to the circumstances in which he was presented with the Deed of Variation in 2018, and referring to a...

8. 2023-09-26-SOE_Julia-Williams_Landscape-visual-natural-character.pdf [pdf, 281 KB]

   ...landscape, visual and natural character effects of the resource consent applications and NoRs. [5] I confirm I have the qualifications and experience set out at paragraphs 6-11 of my s87F Report and paragraphs 8-14 of my s198D Report. [6] Since filing my s87F and 198D Reports I have reviewed the evidence of Waka Kotahi and participated in expert conferencing on landscape, visual and natural character, which resulted in a joint witness statement dated 27 July 2023 (the Landscape,...

9. [2023] NZEmpC 126 Caisteal An Ime Ltd v A Labour Inspector [pdf, 226 KB]

   ...to pay the penalty no later than 5 pm on 28 August 2023. [63] The stay previously ordered is set aside.10 [64] The Inspector is entitled to costs. The parties are encouraged to agree on costs but, if that is not possible, memoranda may be filed. K G Smith Judge Judgment signed at 2.15 pm on 14 August 2023 10 Caisteal An Ime Ltd v A Labour Inspector [2022] NZEmpC 212.

10. [2024] NZEmpC 98 Crichton v Dig Tip Earthworks Ltd Anor [pdf, 257 KB]

    ...HOLDEN [1] On 6 December 2022, following a mediation with a Ministry of Business, Innovation and Employment mediator, David Crichton and Dig & Tip Earthworks Ltd entered into a record of settlement. [2] Later that month, Mr Crichton filed proceedings in the Employment Relations Authority because he said that Dig & Tip had breached the Record of Settlement in multiple ways and had committed numerous statutory breaches. Against Dig & Tip he sought: (a...