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1. Nikora v Te Uru Taumatua - Te Uru Taumatua Trust [2020] Maori Appellate Court MB 248 (2020 Appeal 248) [pdf, 308 KB]

   ...solicitors for Te Kaunihera had detailed a number of alleged breaches of the trust deed including the requirements concerning the dispute resolution process. Referral to a disputes committee was proposed. [11] In the absence of a response, Mr Nikora filed two applications with the Court. The first was received on 15 August 2019 (“the first application”) and sought orders to enforce the obligations of the Trust per ss 238 and 240 of Te Ture Whenua Māori Act 1993 (“the Act...

2. [2019] NZEnvC 153 Selwyn Quarries Limited v Canterbury Regional Council [pdf, 4.7 MB]

   ...to decline consent, rather than the application being determined by Judge alone, a determination has been made by an Environment Court bench comprising myself and Environment Commissioner Dr Mark Mabin.4 [4] The appellant ("SQL") also filed an application seeking security for costs against one of the s 27 4 parties, Mr J Turpin. With the parties' agreement this application was put on hold. Instead, we proposed that if the court was not minded to grant the orders sough...

3. LCRO 187/2017 MO v FP (13 December 2019) [pdf, 163 KB]

   ...the Committee was not well placed (jurisdictionally or otherwise) to determine matters of reasonableness or liability related to those expenses; so (c) further inquiry of this issue was inappropriate. 7 Application for review [27] Ms MO filed an application for review on 5 October 2017. The outcome sought is “to be reimbursed for all costs that have occurred for my time with Mr FP. This includes any third party expenses”. [28] The central grounds raised in support of t...

4. Te Manutukutuku Issue 38 [pdf, 5.7 MB]

   ...casebook method is to reduce the hearing time for claims. This dl'aft practice note on the casebook method has been widely circulated amongst claimants and is replicated here for your information. Claim­ ants Or other interested parties may file submissions on the practice note to: The Registrar, Waitangi Tribunal, PO Box 5022, Wellington. This practice note establishes a procedure, called the casebook method, for presenting claims to the Tribunal. The casebook method aims t...

5. Wellington Standards Committee 2 v O'Connor [2023] NZLCDT 18 (8 May 2023) [pdf, 177 KB]

   ...socially isolated, grieving his father’s death, taking illicit drugs and suffering mental health problems. He was lonely. When in prison, he had only one other visitor apart from Mr O’Connor. He developed trust in Mr O’Connor. [15] In a file note made by Mr O’Connor, apparently on 19 June 2016, Mr Coles counter-signed an instruction that Mr O’Connor pay, through Mr Coles’ online banking, “A gift to you of $2500.”7 Mr Coles was in prison then, having been denied bai...

6. 2021-07-23 ORC - Legal submissions regarding scope for relief sought by WISE Response.pdf [pdf, 215 KB]

   ...WX11179 Tel +64 3 379 7622 Fax +64 379 2467 Solicitor: P A C Maw / M A Mehlhopt (philip.maw@wynnwilliams.co.nz / michelle.mehlhopt@wynnwilliams.co.nz) 1 MAY IT PLEASE THE COURT: Introduction 1 These legal submissions are filed on behalf of the Otago Regional Council (Council or ORC) in relation to Plan Change 8 to the Regional Plan: Water for Otago (PC8). 2 At the pre-hearing conference on 14 July 2021, the Court directed the Council to file legal submi...

7. Hastie and Dredge TRI-2023-100-001 Procedural Order 4 [pdf, 154 KB]

   ...October 2018 which concludes that the fourth respondent should be included as a party to the claim but does not explain why his conclusion differs from that in the first addendum. [10] On 20 February 2023, the claimants applied for adjudication and filed their particulars of claim with the Tribunal. Criteria for removal under s 112 of the Act [11] Section 112 of the Act provides that the Tribunal may order that a person be removed from adjudication proceedings if it considers it f...

8. [2021] NZACC 172 – Shaftyat v ACC (5 November 2021) [pdf, 409 KB]

   ...have been similar, milder episodes in the past. [15] On 26 April 2017, Mr Shaftyat lodged an application for review. [16] On 27 June 2017, AON requested Mr Pai, Orthopaedic Surgeon, to conduct a paper review of the case. Mr Pai reviewed the file and concluded: Mr Shaftyat’s symptoms are consistent with disc degeneration with disc prolapse at L5/S1 level. [17] Mr Shaftyat continued to have pain, and on 26 April 2018, Dr Weeramuni referred him back to Mr Barnes for assess...

9. Webber v Webber - Motungarara A1B and A2 (2023) 468 Aotea MB 90 (469 AOT 90) [pdf, 305 KB]

   ...and Chris Fabish to build a small extension to Rewa’s bach. Work on the extension commenced. The applicant and fellow co-owner in the A1B block, Christian Webber, objected. He took immediate steps to prevent further work on the extension and filed an injunction application to prevent that work from recommencing. I must now decide whether to grant that injunction. Whakarāpopototanga Summary [3] For the reasons to follow, the grounds to grant an injunction are not made out...

10. Julian v Accident Compensation Corporation [2024] NZACC 115 (16 July 2024) [pdf, 272 KB]

    ...compensation for the period of deemed cover. [5] The key question to resolve is whether or not there is sufficient evidence of an injury to the spinal cord suffered as a result of accidents in January 2020. [6] Although the claim was initially filed in relation to an isolated accident on 5 January 2020 when Mr Julian was lifting a mower onto a ute and twisted his back, the Corporation has since considered potential accidents on 5, 6 and 7 January respectively. These accidents