Search Results

1. [2021] NZACC 2 - Judkins v ACC (5 January 2021) [pdf, 183 KB]

   ...Orthopaedic Surgeon. Mr Ferguson reported a diagnosis of Mr Savage having significant low back pain and lower limb radiculopathy secondary to LB/S1 disc herniation. [4] On 11 June 2018, Mr Judkins’ general practitioner (“GP”), Dr Bjornholdt, filed an ACC injury claim form for pain in the lumbar and thoracic spine as a result of a gradual process. The claim form described “repetitive strain and repetitive injuries over the years working as a plumber”. [5] On 25 June 2...

2. Blieden v Registrar of Immigration Advisers [2016] NZIACDT 66 (4 October 2016) [pdf, 192 KB]

   ...the appeal and on a de novo basis. The complaint [20] The crux of the complaint is that the adviser performed poorly, and should have refunded Ms Blieden’s fees when her immigration initiatives failed. [21] I have reviewed all of the material filed by the parties. First I consider the material Ms Blieden filed, and note the material was not a comprehensive record: [21.1] She sought a refund of fees under a “performance guarantee” in the contract for providing professional se...

3. [2019] NZEnvC 134 Strategic Property Advocacy Network v Auckland Council [pdf, 328 KB]

   ...bring this appeal in accordance with s 156( 1) of the LGATPA. B: The jurisdictional issue is dismissed. C: The issue of costs is reserved. REASONS Background [1] This appeal was lodged on 31 October 2017. Draft consent documentation was filed in September 2018. In a recent decision the Court declined to grant the consent order, determining that it is more appropriate that the Court hear and determine the matter on its merits. 1 The Court also granted a waiver for the late s 27...

4. [2020] NZEnvC 105 Tussock Rise Limited v Queenstown Lakes District Council [pdf, 228 KB]

   ...[2] On 21 June 2019 the court issued its decision1 determining that TRL has standing and refusing to strike out the appeal. The court reserved costs and TRL has now applied for costs against the Council, concurrently seeking a waiver of time for filing the application for costs2. On 2 October 2019 the court granted3 the waiver of time for filing. [3] TRL seeks a total cost award of $7,957.08, representing 100 percent of the legal fees incurred while defending the strike out appli...

5. Tihi v Nuku - Ruatoki B Sections Aggregated Ruatoki C Sections Aggregated (2020) 238 Waiariki MB 127 (238 WAR 127) [pdf, 272 KB]

   ...on those matters. The parties should also consider the effect of s 99(2) of the Act, given that the interests of Mr Ratana in this land have already been vested in the whānau trust. [30] If an application for succession to Hare Nuku Ratana is filed within six months of this decision, the filing fee can be waived. Ka pānuitia te whakataunga i te Kooti a te 10:00am karaka o te rā, 18th o Here-turi-kōkā i te tau 2020. C T Coxhead JUDGE...

6. Rabson v Solicitor-General (Strike-Out Application) [2018] NZHRRT 37 [pdf, 312 KB]

   ...Solicitor-General asserts the email is the subject of legal professional privilege. Nevertheless, Mr Rabson is in possession of a version of the email from which the identity of the sender has been redacted. [2] By statement of claim dated 20 February 2018 (filed 23 February 2018) Mr Rabson instituted proceedings under the Privacy Act 1993 (PA) seeking an order that the author of the email be named and that the Solicitor-General disclose the basis for the comments made in that email. Mr...

7. [2019] NZREADT 51 - Patel - Ruling (25 November 2019) [pdf, 156 KB]

   ...REAL ESTATE AGENTS AUTHORITY (CAC 1902) First Respondent AND MARK PHILLIPS Second Respondent On the papers Tribunal: Hon P J Andrews (Chairperson) Mr G Denley (Member) Ms C Sandelin (Member) Submissions filed by: Mr Patel, Appellant Ms L Lim, on behalf of the Authority Mr G Dewar, on behalf of Mr Phillips Date of Ruling: 25 November 2019 ____________________________________________________________________ RULING OF...

8. [2021] NZEmpC 228 Butt v Attorney-General [pdf, 252 KB]

   ...OF HEALTH [2021] NZEmpC 228 [20 December 2021] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2021] NZEmpC 228 EMPC 317/2020 IN THE MATTER OF an application to reopen file EMPC 396/2019 AND IN THE MATTER OF an application to strike out proceedings AND IN THE MATTER OF an objection to jurisdiction BETWEEN SUSHILA DEVI BUTT First Plaintiff AND ARTHUR ROYD WILSON BUT...

9. [2021] NZEmpC 85 Wilson v Manukau Institute of Technology [pdf, 243 KB]

   ...on 17 and 18 August 2021. [4] For the purposes of his challenge, Mr Wilson served a notice requiring disclosure of some 13 categories of documents. There was compliance with some, and objection to disclosure of others. [5] Mr Wilson has now filed a challenge to the objections, asserting they were ill-founded. Initially, the challenge was opposed, but in the process of filing submissions for the purpose of the disclosure challenge, MIT provided further documents. MIT’s curre...

10. Aramatua Trust v Proctor - Nuhaka 2C2X (2020) 99 Tairawhiti MB 106 (99 TRW 106) [pdf, 219 KB]

    ...[5] There are 6472 owners in the lands. The trustees of the block are Jefferson Powell, Murray MacGregor, Pauline Symes, Puti Dunn, Taylor Eruera, Tete Smith and Tom Hapi. The trust supervisor is Hilton Eruera Collier of Agfirst in Wairoa. He filed the application on behalf of the trustees. The application only relates to the respondent’s occupancy of Nuhaka 2C2L1. [6] It was alleged that Mr Proctor or his family and friends have erected dwellings on trust property without p...