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...AND IN THE MATTER of an appeal pursuant to s.107 of the Act BETWEEN NOEL BORST Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent HEARING: 4 December 2013 at Auckland Supplementary submissions and evidence filed in March 2014 AUTHORITY: Robyn Bedford COUNSEL: Mr Darke, advocate for appellant; Ms McLachlan counsel for respondent DECISION [1] Mr Borst has cover under the Accident Compensation Act 1972 for serious injuries he suffe...
...contrary to its own advertised policy and without the defendants’ (sic) knowledge and in declining the application in June 2003. 8. The inaccuracies in the information submitted to the Minister included. (a) The defendant failed to update its files to reflect that the Department of Child, Youth and Family found no ongoing risk by the plaintiffs towards their children. (b) The defendant failed to distinguish between the completely different convictions and sentences of the two plaint...
...Mr Hakaoro’s response [49] Mr Hakaoro entered into correspondence with the Authority on this matter. However, Mr Hakaoro’s final position on the papers lodged with the Authority appeared to be identified in a memorandum and three affidavits filed with the Tribunal under cover of a letter dated 10 January 2012. [50] The three affidavits are from: [50.1] Mr Hakaoro’s wife, 6 [50.2] Pastor Teinapi Tauri, and [50.3] Mr Hakaoro. The memorandum [51] The memoran...
...mailto:JKahukiwa@corbanrevell.co.nz mailto:susan@bankchambers.co.nz 2020 Chief Judge’s MB 966 Hei tīmatanga kōrero – Introduction [1] Haemona Maruera, Kaumātua of Ngāti Maru and a trustee and co-chair of the Ngāti Maru (Taranaki) Fisheries Trust (the applicant) filed an application under s 45 of Te Ture Whenua Māori Act 1993 (the Act). The application seeks to amend or partially cancel certain terms of the trust order made on 15 January 2010, relating to Te Rūnanga
...had not been a fair and reasonable basis for the employer’s decision having regard to the rationale of the decision and the process it followed, and in light of its failure to consider appropriate alternatives. [4] On 26 June 2019, Mr Scott filed a statement of problem in the Authority seeking an interim reinstatement order on an urgent basis, as well as a final order of reinstatement, lost remuneration, and compensation for humiliation, loss of dignity and injury to feelings....
...of the ONL to absorb development at the scale proposed. The IHP found that the number and extent of the proposed lots would result in the farm node becoming an appendage to a rural lifestyle subdivision. Appeal [4] On 24 August 2022, ABCL filed an appeal against QLDC’s decision. [5] No other parties gave notice of an intention to become a party to the appeal under s274 of the RMA. Consent documents filed 13 November 2023 [6] Since the appeal was filed, the parties have enga...
...described by the plaintiff as “the electronic copy (Word) of the original and amended TMP document”. This document is part of a running record or continuous series of diary entries created by Ministry staff in relation to particular mediation files. Summaries of significant events in the lives of those files are recorded sequentially. The plaintiff has received both hard and electronic copies of the majority of her mediation file records and has received a hard copy of the do...
...to strike out paragraphs of the third amended statement of claim. 5 Again, certain paragraphs were struck out. Mr Gapuzan was granted leave to amend the remedies sought by way of a further amended statement of claim. This resulted in the filing and serving of the fourth amended statement of claim on 21 February 2014. (b) Mr Gapuzan was adjudicated bankrupt on 30 May 2014. Pratt & Whitney applied for a stay of a fixture which had previously been scheduled for hearing on...
...Waiariki MB 221 counsel to make submissions. A hearing was held to receive such submissions in Taupō on 8 July 2011. 8 [5] Prior to that, counsel for the former trustees, Mr Taylor, and counsel for the interim trustees, Mr Webster, both filed memoranda. Mr McKechnie for Harvey Karaitiana was available to attend the judicial conference by telephone if his attendance was deemed necessary. In light of the memoranda filed by Mr Webster I considered it likely that Mr McKechni...
...143 Waiāriki MB 130-159 (Heard at Rotorua) Judgment: 27 July 2016 RESERVED DECISION OF DEPUTY CHIEF JUDGE C L FOX 2016 Chief Judge’s MB 673 Introduction [1] This application filed by Cyrus Hingston (the applicant) pursuant to section 45 of Te Ture Whenua Māori Act 1993 (the Act). The applicant seeks to amend an order dated 1 October 2001 to constitute the Valentine Wiremu Kingi Whānau Trust (the Trust) relating