Search Results

1. [2023] NZEnvC 134 Marlborough District Council v Gifford [pdf, 480 KB]

   ...Further testing is to be completed at Council’s expense by 30 November 2023. Results will be provided to the Respondents as soon as they are received. The Court was asked to suspend those Orders until further order of the Court.5 The parties filed a memorandum on 26 June 2023, providing draft Orders and making a further agreed amendment. The Orders now record the completion of items B3 and B10. As a consequence, only Orders B12 and B13 need to be suspended until further orde...

2. Howard v Accident Compensation Corporation (Late appeal to the High Court) [2023] NZACC 25 [pdf, 337 KB]

   ...she is pursuing.11 [61] Mr Howard opposes the costs application of the Corporation. 10 See para [27] above. 11 Reid v NZ Fire Service Commission HC Wellington CP 435/89, 13 December 1995 13 [62] The Court grants leave to the parties to file detailed memoranda on costs within one month of this judgment. Denese L Henare District Court Judge Solicitors: McBride Davenport James, Barristers and Solicitors, Wellington, for t...

3. MacNaughtan v Accident Compensation Corporation (Application for Leave) [2024] NZACC 33 [pdf, 247 KB]

   ...not used Isotretinoin, meaning that it could not be said “that the only reason Mr MacNaughtan is suffering with OCD, is because of his treatment”. Mr MacNaughtan appealed to the District Court. [17] On 15 November 2021, Professor Bremner filed a further report. [18] On 6 October 2022, Dr Patrick Daniels, Psychiatrist, stated that there is no established causative association between Isotretinoin and the development of OCD. However, Dr Daniels noted that there is a strong temp...

4. Stryder v Accident Compensation Corporation (Interest on backdated weekly compensation) [2024] NZACC 124 (24 July 2024) [pdf, 184 KB]

   ...set out how the Corporation would calculate Mr Stryder’s weekly compensation payments going forward. [9] On 21 April 2021, Mr Stryder applied for a review of the Corporation’s most recent payment notification. He advised also that he would file a review application weekly, unless the Corporation altered its weekly compensation calculation method. [10] On 22 April 2021, Mr Karl McKeay of the Corporation determined that the Corporation should alter its method for calculating th...

5. MW v Accident Compensation Corporation (Independance Allowance) [2022] NZACC 207 [pdf, 239 KB]

   ...the claimant's independence allowance should be backdated to the date on which the claim for mental injury had been lodged. Discussion [43] There is no doubt after the accident of 2000, the appellant was let down by his GP who did not file a claim for the back injuries when he first presented with those injuries. [44] The claim for cover for the back injuries caused by the 2000 accident was lodged eight years later in 2008. However, there was no contemporaneous evidence...

6. 2023-09-26-Evidence-of-Siiri-Wilkening-Noise.PDF [PDF, 255 KB]

   ...was dated 28 April 2023 (“s198D Report”). [3] In my s198D Report, I reviewed the noise and vibration aspects of the NoRs. [4] I confirm I have the qualifications and experience set out at paragraphs 7 - 10 of my s198D Report. [5] Since filing my s198D Report I have reviewed the evidence of Waka Kotahi and participated in expert conferencing on noise and vibration matters. The output of that conferencing was a joint witness statement dated 27 July 2023 (the “Noise and Vib...

7. 2023-09-26-Evidence-of-Graeme-McIndoe-Urban-Design.PDF [PDF, 818 KB]

   ...projects (including convening VUW School of Architecture’s 4th year architectural design course over the period 2000-2008); and d) assessment of the design quality of various projects for consent and Environment Court evidence. [5] Since filing my s198D Report I have reviewed the evidence of Waka Kotahi and participated in expert conferencing on Urban Design. The output of that conferencing was a joint witness statement dated 27 July 2023 (the “Urban Design JWS”). I confi...

8. 2023-09-26-SOE_James-Lambie_Terrestrial-Ecology.pdf [pdf, 222 KB]

   ...Kotahi, dated 4 July 2023; (b) The joint witness statement of planning experts dated 10, 11 and 14 August 2023; (c) The joint witness statement of landscape, visual and natural character experts dated 27 July 2023; and (d) The conditions filed by Waka Kotahi on 4 September 2023 (Waka Kotahi conditions). D. OUTSTANDING ISSUES [9] On review of the issues in dispute arising from my s87F Report, the JWS terrestrial ecology, and the documents listed in paragraph [9] above, I am...

9. Wahabi v Accident Compensation Corporation (Incapacity/Backdated weekly compensation) [2023] NZACC 174 [pdf, 207 KB]

   ...questions, please get in touch with me using the contact details below. [50] The letter also outlines what Mr Wahabi could do to have the decision reviewed. [51] The next advice from the Corporation appears to have been in early June 2022. The file note includes the following: I advised that if he were to get a further medical certificate, then this would be classed as an investigation, we would need further notes and guidance and if he were eligible, then I would be putting in a...

10. [2023] NZEmpC 164 F & B Remuera Ltd v A Labour Inspector [pdf, 269 KB]

    ...(2020) 25 PRNZ 341 at [19]. [37] In weighing the competing factors, regard will be had to the balance of convenience. Overarching consideration will then be given to the overall interests of justice. Analysis [38] The plaintiff has filed an application in relation to two orders. The first order made by the Authority was a compliance order where it was stated:16 [The plaintiff] … must …comply by no later than 30 calendar days from the date of this determination wi...