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1. 2021-04-07 - ORC - legal submissions - scope [pdf, 266 KB]

   ...DXWX11179 Tel +64 3 379 7622 Fax +64 379 2467 Solicitor: PAC Maw/ MA Mehlhopt (philip.maw@wynnwilliams.co.nz / michelle.mehlhopt@wynnwilliams.co.nz) 7 April 2021 WYNNWILLIAMS MAY IT PLEASE THE COURT: 1 These legal submissions are filed on behalf of the Otago Regional Council (Council or ORC) in response to the Court's Minute of 31 March 2021, directing the Council to file supplementary submissions: (a) setting out the relevant principles established in case law th...

2. [2021] NZACC 7 - Stryder v ACC (12 January 2021) [pdf, 210 KB]

   ...Astwood carried out work for him over the time of his incapacity and invoiced him for it. [8] The appellant says that on 28 April 2014 he called his GP, Dr Sia, and made an appointment for Wednesday 30 April 2014 at 8.45 am. On that date Dr Sia filed an ACC injury claim form diagnosing lumbar sprain and sacroiliac ligament sprain. Dr Sia referred the appellant to a physiotherapist and for radiology. Dr Sia also noted that the appellant had the capacity to work normal hours.

3. [2016] NZEmpC 103 Lewis v Silver Fern Farms Ltd [pdf, 183 KB]

   ...employees during this cleaning work. The consequence of that reasoning was that Labour Day could not be regarded as an “otherwise working day” for the pre-op crew retained on this casual basis. The challenge [17] Although the Inspector filed a de novo challenge to the Authority’s determination, Mr La Hood, counsel for the plaintiff, approached the case by submitting that the Authority’s determination made three material errors which, if they had not been made, would have...

4. [2020] NZEmpC 219 Ward v Concrete Structures (NZ) Ltd [pdf, 282 KB]

   ...confused and wanted clarification as to what Mr Ward was saying. Clarification was not immediately forthcoming. Rather Mr Ward’s representative reiterated the advice that Mr Ward would consider settlement. A statement of problem was later filed in the Authority. Was there a dismissal and if so when? [25] Mr Ward’s case was run from the outset (including in the Authority) on the basis that dismissal had occurred at the meeting of 7 November 2016. In cross- examination Mr Wa...

5. Immigration & Protection Tribunal Annual Report 2018-2019 [pdf, 349 KB]

   ...Part of the reason for the overall improvement in timeliness is that the average time taken by members, from allocation of file or last hearing to the decision, is only 15 days. This has been assisted by the work of the case managers who ensure all files are fully prepared and are decision-ready prior to allocation. The one stream where the Tribunal has limited ability to control the time between lodgement and decision is the deportation resident stream. This is for two reasons. Fi...

6. [2020] NZEnvC 019 Director General of Conservation v New Zealand Transport Agency [pdf, 3.3 MB]

   ...under Section 181 (3) for the Council to alter without affecting the appeal process. Alan Hope tla Victoria Lodge v Rotorua District Council [201 OJ NZEnvC 7. Footnotes omitted. 10 [39] However, given the circumstances where appeals have been filed, it does appear that the appropriate course is for the court to consider the alteration as part of the substantive appeal given the powers of the court under Section 17 4 to modify or impose conditions on a requirement as it sees fit...

7. [2018] NZEmpC 132 Nicholson v Ford [pdf, 308 KB]

   ...appropriate that Mr Ford bear some of the costs of defending a challenge to an Authority determination imposing a penalty for established breaches of the employment agreement. [51] If the parties cannot otherwise agree costs, the defendant is to file and serve a memorandum and any supporting material within 20 working days of today’s date, with the plaintiff filing and serving any such documentation within a further 15 working days, and anything strictly in reply within five worki...

8. ZQN Apartments TRI 2021-100-001 Procedural Order 9 [pdf, 225 KB]

   ...found that the ZQN apartments were not built in accordance with the consent plans, including the roof material, wall structure and claddings.6 [21] The first respondent, Queenstown Lakes District Council, on 12 November 2021, through its counsel, filed submissions opposing the removal of the fourth respondent. [22] The only expert evidence presently before the Tribunal is that of the assessor’s report. It confirms the submission of the fourth respondent that construction fa...

9. LCRO 22/2020 N&Y LK v XZ (19 May 2021) [pdf, 231 KB]

   ...different outcome even if there had been a meeting. [37] With regard to the admissibility of some of the content of his affidavit, Mr UV submits that “had there been any issues with admissibility, the LKs could have taken this up at trial or filed an affidavit in opposition”.25 Summary [38] Mr UV’s concluding submissions were:26 There has been no misapplication of the Rules by the Standards Committee. The Standards Committee clearly weighed the various issues and materia...

10. Harris v Accident Compensation Corporation (Entitlement to Surgery) [2022] NZACC 231 [pdf, 310 KB]

    ...wrote to Mr Harris on 4 March 2019 noting: Before we can make a decision we need to make sure the surgery is treating an injury caused by the accident of 28/12/2018, and not a pre-existing or unrelated health condition. [16] ACC referred the file to orthopaedic surgeon Patrick Medlicott for comment. [17] Dr Medlicott reported on 15 March 2019. Dr Medlicott said: It would appear that the problem was related to starting a lawn mower or pulling on a hand brake and developing some pa...