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1. Roberts v Paul - Succession to Riana Margaret Eru (2022) 254 Taitokerau MB 129 (254 TTK 129) [pdf, 221 KB]

   ...minute from the hearing is dated 30 January 2018, the order is dated 30 January 2019. 2 78 Takitimu MB 76-81 (78 TKT 76-81). 254 Taitokerau MB 131 Te whakawā tuarua tononga o te tono The rehearing application [7] On 3 April 2019, Natasia filed an application seeking a rehearing. This was heard by Judge Stone on 4 September 2019.3 [8] Natasia argued that: (a) She was not notified of the application or the hearing before Judge Harvey; (b) She did not consent to Peter...

2. 2022-03-02 Hearing Notice - PC8 (Urban Provisions) - Commencing Monday 21 March 2022 - updated [pdf, 255 KB]

   ...proceedings then the Court may order the party or parties to pay any costs and expenses incurred by the Crown or another party. This may happen where the hearing time allocated by the Court is not used. 2 EVIDENCE Evidence should be filed in accordance with the court’s directions, which are available here: • https://environmentcourt.govt.nz/assets/Documents/Publications/2021-12-14-Minute-PC1- Chapter-7-Landfills-PC8-Part-A-G-H.pdf 3 MĀORI LANGUAGE AND SPECIAL R...

3. [2021] NZACC 78 - Nikora v ACC (25 May 2021) [pdf, 150 KB]

   ...the remaining part of the appeal, the costs award can be revisited. [27] The Court has directed further investigation with evidence to be obtained from Dr Fong and Mr Lyon. It is the case that if these matters are not resolved, the parties will file additional submissions for the Court to determine the matter. [28] Ms Becroft submitted her research indicated there were no costs decisions on costs payable in circumstances where an appeal is only partially allowed. However, there...

4. [2021] NZACC 193 - Koloni v ACC (2 December 2021) [pdf, 212 KB]

   ...condition requiring surgery was not caused by an accident but was due to a pre-existing degenerative disease condition. 1 Koloni v Accident Compensation Corporation (Personal Injury) [2021] NZACC 119. 2 [2] On 24 August 2021, Ms Koloni filed an application for recall of the appeal judgment. She provided final submissions on 25 November 2021. [3] For the purposes of this application, it is not necessary to set out the judgment in any detail. The case largely turned on the...

5. 2021 NZPSPLA 014.pdf [pdf, 134 KB]

   ...employment and decided that the consequences of a conviction on his employment prospects within the security industry would be out of all proportion to the gravity of the offending. [12] Following the discharge without conviction this complaint was filed. Do Mr H’s actions amount to misconduct? [13] Mr C says Mr H’s actions in leaving a device recording private conversations breached the standards of the security industry and the rights to privacy of his fellow employees...

6. [2022] NZACC 169 — Porter v ACC (25 August 2022) [pdf, 261 KB]

   ...Compensation Act 2001 provides: A party to an appeal who is dissatisfied with the decision of the District Court is being wrong in law may, with the leave of the District Court, appeal to the High Court. [3] In this case, written submissions have been filed on behalf of the applicant and the respondent. Applicant’s submissions [4] Mr Hinchcliff, on behalf of the applicant submits generally that the decision maker’s treatment of facts related to the 2005 MRI amounts to an...

7. 2022-03-01 PC8 (Urban) Hearing Notice - further updated [pdf, 263 KB]

   ...proceedings then the Court may order the party or parties to pay any costs and expenses incurred by the Crown or another party. This may happen where the hearing time allocated by the Court is not used. 2 EVIDENCE Evidence should be filed in accordance with the court’s directions, which are available here: • https://environmentcourt.govt.nz/assets/Documents/Publications/2021-12-14-Minute-PC1- Chapter-7-Landfills-PC8-Part-A-G-H.pdf 3 MĀORI LANGUAGE AND SPECIAL R...

8. [2021] NZACC 99 – Scott v ACC (6 July 2021) [pdf, 175 KB]

   ...background and medical evidence including contemporaneous GP and hospital notes and reports provided by Ms Scott’s breast surgeon, Mr Bialostocki, and branch medical advisors, Dr Gavaghan and Dr Cadwallader. Having summarised the submissions filed on behalf of Ms Scott and the Corporation, His Honour identified the issue for determination in the following terms: This appeal is substantially about what caused the seroma. Was it a failure of the implant or was it attributable to t...

9. [2024] NZEmpC 46 CTR Roofing Ltd v Cross [pdf, 214 KB]

   ...[5] Due to a default on the part of Mr Cross, an application for sanctions has now been made under s 140(6) of the Act. [6] Mr Cross has been served with these proceedings. He has elected to take no steps. [7] On the basis of the evidence filed on behalf of the plaintiff in this proceeding, I am satisfied that the sums Mr Cross was directed to pay have not been paid. Section 140(6) of the Act states: 3 At [17]. 140 Further provisions relating to compliance or...

10. [2023] NZEnvC 131 Genesis Energy Limited v Waikato District Council [pdf, 340 KB]

    ...(ii) paragraphs 20-25 – Topic 17 Natural hazards and climate change; and (iii) paragraphs 26-29 – Topic 5 Infrastructure Reverse Sensitivity / Setbacks (noting this part of Genesis’ appeal is the subject of other consent documentation filed with the Court on 17 May 2023). 7 (e) there is no order as to costs. ______________________________ S M Tepania Environment Judge Appendix A HAZS-R1 The storage, handling or use of hazardous subs...