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1. AJE, CDE, and JPS as Trustees of the EE Family Trust v Vero Insurance New Zealand Ltd [2020] CEIT-2020-0009 [pdf, 348 KB]

   ...continuing overspill, as he did with many other issues. Ms Brick for Vero said: If the applicants had raised an issue about water continuing to overspill the spouting, or water running under the house, I would expect to see mention of this in Vero’s files, given the large number of emails received from Mr. E concerning other matters, but there is none. [39] In Mr E’s affidavit and cross-examination, he is clear that after the down pipe was replaced by Placemakers, discussions...

2. Randall v Moeahu - Lot 1 Deposited Plan 442626 (2018) 390 Aotea MB 4 (390 AOT 4) [pdf, 369 KB]

   ...enforce the obligations of the Trust. The proceedings – report from trustees [6] Following a judicial conference in March 2018, I issued directions in May requiring the Trustees to appear and report. A good deal of additional information was filed in response. I also issued a summons the chair of the Te Aroha Hutt Valley Sports Association (“the Association”) to attend the hearing and produce evidence concerning the relationship of the Association with the Marae and the Com...

3. [2019] NZEnvC 184 Ngati Whatua Orakei Whai Maia Limited v Auckland Council [pdf, 25 MB]

   ...that all mana whenua tribes named in paragraph 4 of the schedule claim customary interests in the Waitemata including the project areas. [14] The parties agreed that if the Court were to accept jurisdiction , the relevant iwi authorities would file evidence supporting or opposing the claim of primacy. [15] Ngati Whatua Orakei recorded in the agreed factual matrix that the disputed mana whenua engagement conditions, including general provision for pou whenua , breached Ngati Whatua...

4. [2022] NZEnvC 082 Ormiston Workshops Limited v Auckland Council [pdf, 571 KB]

   ...actual and reasonable costs incurred to ensure compliance with the conditions attached to this consent. Advice note: The initial monitoring deposit is to cover the cost of inspecting the site, carrying out tests, reviewing conditions, updating files, etc., all being work to ensure compliance with the resource consent(s). In order to recover actual and reasonable costs, monitoring of conditions, in excess of those covered by the deposit, shall be charged at the relevant hourly rate a...

5. [2021] NZEmpC 139 QDA v EKD [pdf, 336 KB]

   ...2B basis, albeit recognising that Mr Williams was briefed shortly before the substantive hearing. I encourage the parties to resolve any costs issue on the basis of this indication if possible. If that does not prove possible, memoranda may be filed. Non-publication of names [126] Finally, I deal with the issue of non-publication of name. The Authority made an order of non-publication of name essentially on medical grounds. A mirror order has subsisted in the Court, on an interi...

6. Stewart v Accident Compensation Corporation (Vocational Independence) [2022] NZACC 197 [pdf, 335 KB]

   ...dismissed. 9 See Martin, n2 at [33]. 10 See Kacem v Bashir, n4 at [32]. 23 [76] Having succeeded on the primary issue, Ms Stewart is entitled to costs. If these cannot be agreed within one month, I shall determine the issue following the filing of memoranda. P R Spiller District Court Judge Solicitors for the Respondent: McBride Davenport James

7. [2022] NZACC 100–Phillips v ACC (25 May 2022) [pdf, 343 KB]

   ...Compensation Act 2001 (the Act). [2] The appellant submits that the circumstances of her claim met the criteria of s 21B. The Corporation submits that the circumstances do not. Background [3] On 29 September 2020, an ACC injury claim was filed for acute stress, post- traumatic stress disorder and reactive depression. The claim form indicated that the appellant had suffered bullying, harassment, victimisation and abuse during traumatic meeting with manager/HR, i.e. mental inj...

8. [2021 NZACC 148 – Sherborne v ACC (30 September 2021) [pdf, 389 KB]

   ...required in ENT. • In the HDC report, concerning Ms Sherborne’s unacknowledged MRI scan result, he stated that in most cases a VS is “a slow growing, benign tumour and urgent treatment is not required” • His handwritten notes on the file copy of the MRI result stated “? Follow-up” and “Routine visit with Patrick [Dawes]” • In his 11 January 2017 letter to the Corporation he noted when he became aware of the VS positive finding, he arranged a follow up with Pr...

9. [2021] NZACC 132 - Pivac v ACC (17 August 2021) [pdf, 465 KB]

   ...Connolly Unit records from 1993, Mr Berry referred to the neuropsychological test 1 Pivac v Accident Compensation Corporation [2011] NZACC 361. results. He said that Mr Pivac’s response to a test administered by him resulted in a profile consistent with that of people who present with a schizotypal personality disorder. [17] He said: Overall, Mr Pivac’s current presentation appears to be a complex mix of premorbid, index-accident and post-traumatic factors. Precise...

10. NZCVS Cycle 3 (2020) Section 3 How much crime is there in New Zealand [xlsx, 115 KB]

    ...Enquiries Contact us for further information about these and related statistics Suggested citation Ministry of Justice. 2021. New Zealand Crime and Victims Survey. Key findings Cycle 3. Section 3: How much crime is there in New Zealand? [Data file]. Wellington: Ministry of Justice. Crown copyright © 2021 This work is licensed under the Creative Commons Attribution 4.0 New Zealand licence. You are free to copy, distribute, and adapt the work, as long as you attribute the work to N...