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  1. [2021 NZACC 178 – Kirdy v ACC (8 November 2021) [pdf, 184 KB]

    ...to get up and said it was very painful but had to carry on playing in a wing position rather than his normal position of prop, so as to make up numbers and not forfeit the game. [47] Two days later, on 25 July 2016, Redwood Physiotherapy filed an ACC injury claim form with the description of injury as follows: In a tackle twisted ankle and kicked on back of ankle. [48] The assessment by the physiotherapist under the heading ‘current history’ includes the following...

  2. LCRO 3/2019 YR v OS (20 July 2020) [pdf, 207 KB]

    ...was unavailable and there is no information as to who they met with at Mr OS’s office. BF’s will is witnessed by a solicitor and law clerk and it is assumed that it is these persons whom Mr WL is referring to. [52] However, there are no file notes of the detail of any discussion with BF and AF and it is difficult to accept that any person who they met with at the time would have had any in-depth understanding or knowledge of the detail of the Trust or other facts relating to...

  3. [2023] NZEnvC 043 Minister of Conservation v Northland Regional Council [pdf, 419 KB]

    ...control general conditions 4 The parties participated in Court-assisted mediation on the appeals in September 2019 as well as subsequent informal discussions. The parties have reached agreement on the provisions under appeal. 5 This memorandum is filed in support of a draft consent order to resolve the appeals relating to these provisions. 6 The following persons gave notice of their intention to become parties to one or more of the appeals under section 274 of the Act:  Horticulture N...

  4. [2023] NZEmpC 94 Soapi v Pick Hawke’s Bay Inc [pdf, 255 KB]

    ...Framework on Labour Migration. (g) Other ILO Guidelines, Conventions and Recommendations about fair recruitment, protection of wages and protection of migrant workers. [61] The Commission accepted that if leave was granted its submissions would be filed in advance of the hearing. [62] NZCTU sought leave to intervene because the litigation involved issues relating to minimum entitlements of importance to unions and employers. [63] The defendant opposed both applications to interv...

  5. [2024] NZEnvC 076 McDonnell v Auckland Council [pdf, 316 KB]

    ...ranging. [80] The Application for Declaration (c) is declined. Outcome [81] The appeal is allowed and conditions 8 and 9 are cancelled. [82] The Application for declarations is declined. [83] Costs are reserved. Any application for costs is to be filed within 10 working days; any reply within 10 working days after that. For the court: ______________________________ MJL Dickey Environment Judge 29 Re McKay, at [55].

  6. Thomas v Accident Compensation Corporation (Suspension of Entitlements) [2024] NZACC 107 (26 June 2024) [pdf, 248 KB]

    ...the same reason. WellNZ declined cover for a back contusion on the basis that there was no evidence of a new back injury, and a pre-existing degenerative condition was the more likely source of symptoms from the time of the accident. Ms Thomas filed a review application. [23] On 22 June 2023, Dr Tipu Aamir, Pain Specialist, provided a report as part of Ms Thomas’ pain management programme. He diagnosed chronic right knee pain and chronic left-sided post-traumatic lumbar back...

  7. LCRO 32/2022 QP v ZH (28 March 2023) [pdf, 209 KB]

    ...that this in itself provided authority for the payments to be made. [52] This submission is founded on guideline 6.2 of the Lawyers Trust Account Guidelines. However, the Guideline goes on to say: Preferably, you should obtain and hold on file written authority from the client for any payment or series of payments. In the circumstances which are present here, I consider that it would have been more than preferable to obtain written authority. [53] Mr ZH submits that to hold th...

  8. [2024] NZEnvC 093 Ocean Dynamics Limited v Tauranga City Council [pdf, 349 KB]

    ...existing building at 105 Birch Avenue, Tauranga (the Site) and to operate a basketball facility there. Background [2] On 31 May 2023 an Independent Commissioner acting on behalf of the Council granted TMH’s application for consent. Ocean Dynamics filed a notice of appeal on 26 June 2023 seeking rescission of the consent principally on the grounds that its fibreglass production business nearby could be the subject of complaints about odour and about issues of parking and traffic...

  9. Quinney v Accident Compensation Corporation (Causation) [2023] NZACC 102 [pdf, 278 KB]

    ...bruised. [53] Her GP Dr Stride noted at the consultation that she was “tender across the R lower lumbar/sacral ligs with full good ROM in all planes”. Some bruising R ant lower leg. [54] It seems that the appellant who presents from the file as a person who “got on with the job”, did just that, after her accident. It seems plain however that her fall was a significant one and the skeletal details recorded at her first appointment do not present anything like an adequat...