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1. [2021] NZACC 32 - Fisher v ACC (9 February 2021) [pdf, 184 KB]

   ...of more precise assessment. Accordingly, the appeal is allowed. The decision of 5 December 2016 is quashed with the result that cover for work-related hearing loss is granted. [72] Should there be any issue as to costs, counsel have leave to file memoranda in respect thereof. Judge C J McGuire District Court Judge Solicitors: P Sara, Barrister and Solicitor, Dunedin for the appellant Young Hunter, Solicitors, Christchurch for the respondent 3...

2. Peacocke - Part Puketiti 2B2B 1 [2021] Maori Appellate Court MB 48 (2021 APPEAL 48) [pdf, 300 KB]

   ...Kopua (1978) 15 Ruatoria MB 238 (15 RUA 238). 2021 Māori Appellate Court MB 53 evidence that, as at 31 October 1980, Ian Walsh was seised of an estate in fee simple in the block. [7] We note that no appearance was made, or submissions filed, on behalf of descendants of Puku Doherty.10 Ngā take mo te pīra nei Issues on appeal [8] The issues to determine are as follows: (a) Did the 1980 instrument of transfer take effect in accordance with its tenor? (b) Does s 2(2)...

3. Mangatawa Papamoa Incorporation - Mangatawa Papamoa Incorporation (2006) 84 Tauranga MB 172 (84 T 172) [pdf, 1 MB]

   ...incorporation blocks and was purchased by the Incorporation in 1966. [5] In the past few years the Incorporation has been considering how the Asher Block can be developed. At one time an application for a change of status of the Asher Block was filed with the Court, with the possible intention of selling the block at a later date. Since that time the Incorporation has appointed a Chief Executive, Jonathan Rishworth, who has undertaken an extensive review of the Incorporation's op...

4. [2017] EmpC 90 Nathan v Broadspectrum (NZ) Ltd (formerly Transfield) [pdf, 148 KB]

   ...2017. (b) Broadspectrum is fined $10,000 for that breach; (c) Of that $10,000 fine, $5,000 is to be paid to Mr Nathan. Costs [80] Costs are reserved. In the absence of agreement Mr Nathan has seven days from the date of this judgment to file a memorandum and Broadspectrum has a further seven days to respond. K G Smith Judge Judgment signed at 3.30 pm on 28 July 2017

5. Proprietors of Mangatawa Papamoa Block - Lot 1 DP SA 86263 (2007) 90 Tauranga MB 25 (90 T 25) [pdf, 3.8 MB]

   ...Court, while subsection (3) provides that a copy of a lease for a term of more than 21 years must be sent to the Registrar for noting. Counsel for Mangatawa suggested that the layout of section ISO(B) therefore allows for subsequent execution and filing of the lease with the Registrar to endorse the contents. [II] Counsel's submissions refer to one aspect of a range of matters that reqUIre consideration by the Court, and I do not entirely agree with his submissions. There is an...

6. LCRO 323/2013 AZ v BY (22 June 2017) [pdf, 220 KB]

   ...trustee. [31] However, whilst Mr XX has been critical of Mr BY for these reasons, he does not question Mr BY’s competence. He says:30 This cost assessor does not believe there are any issues of competence arising from the practitioner’s files. The cost assessor is satisfied the practitioner did all of the work personally and there is not any evidence of the invoices being padded in any way. Similarly this cost assessor believes the practitioner has acted ethically in relati...

7. Immigration & Protection Tribunal Annual Report 2017-18 [pdf, 532 KB]

   ...hearing-based streams: in the refugee & protection stream (by 49 days), and in the deportation (resident) stream (by 68 days). 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, has been further reduced (from 15 to 12 days). The one stream where the Tribunal has limited ability to control the time between lodgement and decision is the deportation (resident) stream. Thi...

8. LCRO 272/2015 PA v NT, RO and DS (31 August 2018) [pdf, 214 KB]

   ...of selling the property on the open market, and the interests of both Mrs PA and Mrs GL; (iii) settlement of the sale of the property to Mrs GL having taken place within seven months of Mrs FH’s death. Application for review [17] Mrs PA filed an application for review on 15 December 2015. [18] Although she contends that “several core ethical considerations contained in [her] complaint were not addressed” by the Committee, as noted, she has since informed this Office on...

9. Trustpower - Supplementary - S Styles - Planning (23 March 2021) [pdf, 1.2 MB]

   ...material facts known to me that might alter or detract from the opinions I express. 2.0 SCOPE OF SUPPLEMENTARY EVIDENCE 2.1 In response to the further evidence provided by ORC witnesses on 14 March 2021, the Court has directed that parties may file supplementary briefs of evidence to respond to the new matters raised. I provide this supplementary brief to confirm my position in relation to the revised plan change text provided with the supplementary evidence of Mr de Pelsemaeke...

10. [2020] NZEnvC 137 Oceana Gold New Zealand Limited v Otago Regional Council [pdf, 312 KB]

    ...Thorsen, an ecologist, dated 17 July 2020, and an application for leave to call that evidence. [9] The parties to the joint memorandum have confirmed there is no objection to Dr Thorsen’s evidence being admitted and they in turn sought leave to file evidence from Dr K M Lloyd in reply. That was not opposed by Oceana so both applications are granted as sought and the evidence will be considered below. [10] No party sought to cross-examine either Dr Thorsen or Dr Lloyd....