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1. Beatson v CAC 416, Cripsin, Mordaunt & Property Brokers Ltd [2019] NZREADT 25 (9 July 2019) [pdf, 521 KB]

   ...Authority did not set out to establish dishonest conduct in the form of fabrication of documents. It does not seem to have been a matter that was raised before the Committee. [52] Following the issue of the decision of the Committee, Mr Beatson filed what he described as a submission in response to the decision14. But by then, of course, the decision had been issued. Parties are entitled to bring appeals against determinations which the Committee has made. If a party made submissi...

2. Proactive release - Privacy Bill: Approval for Supplementary Order Paper and draw down of Budget 2014 tagged contingency [pdf, 925 KB]

   ...Marriages, and Relationships Registration Act 1995 added as an accessing agency and as a holding agency in Schedule 4 of the Bill. Schedule 5 – law enforcement information The Ministry of Justice has access to the ‘Police temporary file index’ listed in schedule 5 to obtain information about parties to offences for the purpose of processing cases before a court and to update Police records. However, Police advise that this should be removed from the Bill...

3. [2019] NZEnvC 178 Chapel Road Partnership Trust v Auckland Council [pdf, 25 MB]

   ...actual and reasonable costs incurred to ensure compliance with the conditions attached to this consent. dvice note: he initial monitoring deposit is to cover the cost of inspecting the site, carrying out tests, reviewing conditions, updating files, etc., all being work to ensure compliance with the resource consent. In order to recover actual and reasonable costs, monitoring of conditions, in excess of those covered by the deposit, shall be charged at the relevant hourly rate appl...

4. [2021] NZACC 50 - Astle v ACC (17 March 2021) [pdf, 224 KB]

   ...with this in mind and have not arranged to see her again at this stage. [12] ACC sought advice from the Christchurch branch medical advisor, Dr Harding, who reported on 1 March 2006 as follows: … COMMENT: The medical information on file suggests that current symptoms still relate to the most recent accident even though there is a history of significant previous lumbar spine symptoms. At some point in the future it may be appropriate to ask the question if symptoms ar...

5. [2022] NZACC 154 — Byles v ACC (16 August 2022) [pdf, 366 KB]

   ...[30] On 20 January 2017, further surgery was undertaken to try to improve Mr Byles’ situation. Post-surgical reports confirmed no significant problems with regard to the knee replacement. [31] On 8 February 2017, a treatment injury claim was filed relating to the knee replacement of 30 September 2016. The claim was investigated, with the Corporation seeking notes dating back to the operation. [32] On 3 March 2017, the Corporation issued a decision declining Mr Byles’ treatme...

6. [2022] NZEnvC 105 Meridian Energy Limited v Mackenzie District Council [pdf, 735 KB]

   ...Bird’) and Environmental Defence Society Inc (‘EDS’) each submits that the Hearing Panel’s inclusion of the Disputed Provisions was within scope, arising from submissions and evidence before it.9 Evidence [12] Affidavit evidence was filed as follows: Meridian witnesses Catherine Bryant, Meridian Environmental Manager, dated 10 December 2021 Susan Ruston, resource management and planning expert, two affidavits – dated 10 December 2021 and dated 31 January 2022...

7. [2022] NZACC 145 – Stojicevic v ACC (26 July 2022) [pdf, 434 KB]

   ...terrible state really, finding this increasingly frustrating and really does want to get back to her previous level of function and activity. [131] Following this, she saw Dr Prestage on 22 October 2019. Following a comprehensive review of her file, an interview, and an examination of the appellant Mr Prestage concluded that her current diagnosis was uncertain with the L3/4 and L4/5 disc conditions as well as the labral right hip tear and central sensitisation, each been consid...

8. Hill v Accident Compensation Corporation (suspension of entitlements) [2022] NZACC 239 [pdf, 456 KB]

   ...he is unable to drive due to a subdeltoid bursitis in his right shoulder. His left shoulder remains weak and is progressing with strengthening. [15] On 12 August 2016, Dr Lonergan, Branch Medical Advisor noted the lack of medical evidence on file, and that Mr Hill had presented to his GP multiple times following the May accident, but did not report a shoulder injury. The first mention of the shoulder problem was on 5 July 2016, two months after the first accident. Dr Lonerga...

9. Reid v New Zealand Law Society [2023] NZLCDT 7 (24 March 2023) [pdf, 248 KB]

   ...Hirschfeld, gave no signal that she disagreed with the earlier Tribunal’s description of her actions as “smuggling”. Ms Reid gave no evidence in her criminal case. After Judge Collins gave a reasoned decision that the charge had been proved, she filed a letter accepting responsibility, but offering no detail. That letter supported her application to be discharged without conviction. Her evidence in our hearing is her first detailed version of events. [27] Thus, the earlier Tri...

10. [2024] NZEnvC 226 Pirirakau Tribal Authority Incorporated v Heritage New Zealand Pouhere Taonga [pdf, 323 KB]

    ...with current archaeological practice. [20] Other conditions require an on-site briefing of contractors and provision of an interim and final report of the archaeological work to HNZPT and Pirirākau. The issues [21] The parties were directed to file a statement of facts and issues. HNZPT did so on 10 February 2023. [22] HNZPT identified the following issues: (a) the historical and cultural value of the site to Pirirākau; (b) the permanent protection of the site for Pirirāka...