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1. Norman - Nuhaka 2D2MIA3 (2023) 122 Tairāwhiti MB 149 (122 TRW 149) [pdf, 310 KB]

   ...Isaac 122 Tairāwhiti MB 150 He Kōrero Timatanga Introduction [1] This application is for an occupation order pursuant to s 328 of Te Ture Whenua Māori 1993 (“the Act”). The application was filed by Hana Taiti Norman, an owner of Nuhaka 2D2M1A3 (“the land block’). Ms Norman seeks an occupation order for 2800m2 for the purposes of building a modular home. Kōrero Whānui Background [2] Nuhaka 2D2M1A3 comprises 3.0899 hecta...

2. Smith v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 123 [pdf, 226 KB]

   ...Corporation issued a decision stating that Ms Smith’s whole person impairment assessment rating was 19 per cent, and that Ms Smith was eligible for an independence allowance of $338.26 every three months because of her level of impairment. Ms Smith filed a review application against the Corporation’s decision. [7] On 30 July 2021, a Reviewer dismissed Ms Smith’s review. The Reviewer found that the Corporation’s decision, based on the assessment of Dr Murray, was correct....

3. [2024] NZREADT 09 – WQ v REAA & NN (2 April 2024) [pdf, 152 KB]

   ...has the onus of showing on the balance of probabilities that their version of the events is true and hence the Committee is wrong.9 [40] The Tribunal issued a procedural Minute on 1 November 2023 as to the conduct of the appeal. The Authority filed in the Tribunal a paginated bundle of the documents that were before the Committee. DISCUSSION [41] The purchaser really only makes one point on appeal. She contends that the licensee should have put a special clause in the purchase ag...

4. Lochead-MacMillan v Nimble Financial Services Group Limited [2024] NZHRRT 25 [pdf, 214 KB]

   ...2020, NFSG paid Mr Lochead-MacMillan $1,000 in full and final settlement of the dispute regarding the loan arrangements, as a result of a settlement reached in a Disputes Tribunal proceeding. THE CLAIM [12] In May 2021, Mr Lochead-MacMillan filed this claim alleging that NFSG had interfered with his privacy by failing to provide him with his personal information that he was entitled to in accordance with the Act, including failing to respond to his request within the statutory t...

5. Barber v Hoani - Paremata Mokau A8A (2024) 269 Taitokerau MB 82 [pdf, 303 KB]

   ...written consent to an occupation order in favour of Meri, however the remaining trustee is Mereana, who is opposed. [18] This application was initially heard on 7 December 2020, where the application was adjourned for further information to be filed regarding the history and utilisation of the land.9 [19] A site visit was held on 15 March 2021, where many of the owners and whānau were present. One of the issues that became clear during the site visit was that the extent of Mereana...

6. MOJ0047.03_factsheet_JUL23_v2-Maori_WEB.pdf [pdf, 223 KB]

   Ina mate ohorere ana he tangata e mōhio ana koe, he wā pōuri, he wā uaua hoki – otirā i ngā āhuatanga kāore i te tino mārama, kāore rānei i te mōhiotia he aha te pūtake o te mate. E rere atu ana te aroha ki a koutou ko tō whānau. Ko te tūmanako ka whakautu ngā mōhiohio e whai ake i ō pātai i te tīmatanga o te kaitirotiro matewhawhati hei tūhura i te āhua o te mate o tō whanaunga. Matawaitia te waehere hei tiro i te ataata poto mō ngā wāhanga tuatahi o te tuka

7. NZBORA-Advice-NZ-EU-FTA-Legislation-Bill-For-Publication.pdf [pdf, 294 KB]

   ...infringement fee prescribed in regulations, or a fine imposed by a court that doesn’t exceed the amount prescribed in regulations. New section 121 provides a discretion as to whether to pursue the infringement offence via an infringement notice or by filing a charging document in the District Court. This is a strict liability offence, and accordingly limits s 25(c) of the Bill of Rights Act. 26. We consider that the infringement offence can be justified under section 5 of the Bill of R...

8. [2023] NZEnvC 216 Currie v Palmerston North City Council [pdf, 185 KB]

   ...costs incurred by the Council following the failure of mediation; • $24,374.03, being half recovery of expert planning ($9,487.50) and legal costs ($39,260.55) incurred by the Council from failure of mediation to resolve the appeal until the filing of closing submissions by the Council. 4 Applicant’s costs submissions at [16]. 5 Applicant’s costs submissions at [22]. 6 Currie v Palmerston North City Council [2023] NZEnvC 37 at [111]. 6 [14] The Council noted that th...

9. Waitemata DHB v Shalini Sharma (Work Related Gradual Process) [2023] NZACC 39 [pdf, 176 KB]

   ...physiotherapist who had treated her nor Dr Kenny had treated her complaint seriously. Mr Mutch referred to the ultrasound which appeared to have been done for the left side only and advised cortisone injections and physiotherapy. [14] On 29 August 2020, a file review was carried out by Mr Pai, Orthopaedic Surgeon. Mr Pai assessed that that Ms Sharma’s clinical course was atypical for an acute rotator cuff tear and advised that bursal sided partial tears such as Ms Sharma’s w...

10. [2024] NZEmpC 88 Henderson Travels Ltd v Kaur [pdf, 232 KB]

    ...costs. While Flight Experts has not participated in considering this application it may still wish to make submissions on the costs that have been claimed. To enable that to happen a copy of this judgment is to be served on that company. It may file submissions on costs within 21 days of being served with this judgment. K G Smith Judge Judgment signed at 12.30 pm on 24 May 2024