Search Results

1. [2024] NZEnvC 074 GI Finlay Trustees Ltd v Western Bay of Plenty District Council [pdf, 175 KB]

   ...PTP, a community group which joined the appeal as a s 274 party, has applied for all of its legal costs being $49,208.61 together with a contribution of $800 to its administrative costs, totalling a claim of $50,008.61. [5] The Appellants filed a reply dated 2 February 2024 submitting that the legal costs for both Council and PTP were unreasonable and unwarranted. The Appellants considered that no order for costs against them should be made, but if one was to be, it would be m...

2. JS v Accident Compensation Corporation (Claim for mental injury by sexual abuse) [2024] NZACC 114 (16 July 2024) [pdf, 169 KB]

   ...decision letter issued on 24 January 2022. [14] It was subsequently agreed between the appellant and the Corporation that it would issue a new decision on the appellant’s mental injury claim based on the assessments and evidence that it had on file. 5 [15] On 10 January 2023, the Corporation issued a decision that the appellant’s claim did not meet the criteria for cover. The Corporation advised that the assessment report following Dr Edgar’s assessment indicated that th...

3. Saunders v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 215 [pdf, 194 KB]

   ...citizen in correspondence and that he needed to return to New Zealand to make a claim; the Corporation must have “waived the time rule reason before”; has not taken advice from a medical practitioner with spinal injury knowledge or looked at the file and interviewed him. [19] He is unable to work to the same degree he worked at prior to suffering the injury. He has paid income tax and ACC premiums throughout his working life and does not have any tangible assets. He has a re...

4. Martin v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 67 [pdf, 211 KB]

   ...Accident Rehabilitation and Compensation Insurance Corporation [1997] NZACC 218 2 Humphries v Accident Compensation Corporation 2 [2014] NZACC 123 at [17]. [35] Judge Powell said: Finally, I note for completeness that in written material filed by the appellant, he also raised the issue of whether “some kind of discretion to exercise mercy” could be exercised in what he considers to be a “unique situation”. Unfortunately for the appellant, however, that with regard to...

5. 2023-09-26-Evidence-of-Justine-Bennett-Water-Quality.PDF [PDF, 276 KB]

   ...Resource Management Act 1991 (“RMA”) and was dated 28 April 2023 (“s198D Report”). [3] I confirm I have the qualifications and experience set out at paragraphs 8-12 of my s198D Report and that I have completed a site visit. [4] Since filing my s198D Report I have reviewed the evidence of Waka Kotahi (particularly the statement of Keith Hamill), a ‘will say’ statement authored by Philip Jaggard (the stormwater witness for Kāinga Ora) and participated in expert conf...

6. [2023] NZEmpC 132 A Labour Inspector v Star Moving Ltd [pdf, 224 KB]

   ...Conclusion [40] Pursuant to s 140(6) of the Act: (a) Star Moving is fined $10,000. (b) Star Nelson is fined $13,000. Costs [41] The Inspector is entitled to costs. They are fixed as requested at Category 1 Band A. If necessary, the Inspector may file a memorandum to have those costs determined. K G Smith Judge Judgment delivered orally at 10.44 am on 18 August 2023

7. OIA-111267.pdf [pdf, 1.6 MB]

   ...2022, who had a greater annual leave entitlement, will retain their previous entitlement. Admission Fees If the Clerk qualifies to be admitted as a Barrister and Solicitor of the High Court during the term of this agreement, the Employer will pay the filing fee and Law Society fee associated with the admission procedure. Conference and Seminar Leave At the Supervising / Liaison Judge(s) discretion and in conjunction with your direct manager, paid leave may be granted to Judges Clerks f...

8. [2023] NZEnvC 248 Eden Epsom Residential Protection Society Incorporated v Auckland Council [pdf, 213 KB]

   ...witness] confirms he supports a walkable catchment of around 800m. [23] The Society expressly records that it accepts that position. [24] Out of care, I have checked the Society’s submission by running a key-word-in- context search through the filed evidence, on the word “walk”, as being likely to cast 4 Saxmere Company Limited and others v Wool Board Disestablishment Company Limited [2009] NZSC 72 at [8]. 7 a slightly wider net than “walkable catchment” or “walkable...

9. Clay v Accident Compensation Corporation (Leave to Appeal to the High Court) [2024] NZACC 180 (13 November 2024) [pdf, 214 KB]

   ...[24] Ms Anderson submitted this is a reference to the Court’s directions at the initial case management conference that the Corporation provide an index of documents and bundle to Mr Clay by a certain date to help him assess whether he wished to file new evidence in the appeal. Ms Anderson submitted the Corporation was not directed to provide new evidence. The Court agrees. [25] By Minute dated 28 November 2023 this Court directed a date for Mr Clay to notify counsel for the Co...

10. Twigley v New Zealand Law Society [2025] NZLCDT 5 (28 January 2025) [pdf, 98 KB]

    ...ongoing risk presented by Mr Twigley, did not fully explore that potential, and in particular, reinstatement subject to s 246(4) conditions. How this application was different [9] Having received such encouragement from the High Court, Mr Twigley filed a further application for reinstatement in February 2024. While in this application Mr Twigley sought a more limited form of practice (that is without a trust account and in limited areas of practice), he initially still sought to b...