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1. [2021] NZACC 21 - Pentecost v ACC (28 January 2021) [pdf, 231 KB]

   ...UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN CONRAD PENTECOST Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 14 October 2020 Heard at: Auckland/Tāmaki Makaurau Appearances: Appellant self represented G Fraser for the respondent Judgment: 28 January 2021 ____________________________________________________________________ RESERVED JUDGMENT OF JUDGE DENESE HEN...

2. ENVC Hearing 6Oct14 WML evidence chief John Leman [pdf, 4.3 MB]

   ...Box 1502, Shortland St Auckland City Ph: 09 309 6665 Fax: 09 309 6667 Email: richard@brabant.co.nz/jeremy@brabant.co.nz Introduction 1. My full name is John Michael Leman. I am a Consulting Engineer and hold a Bachelor of Engineering (University of Auckland). I am a Member of the Institute of Professional Engineers New Zealand. 2. I have 32 years experience as an Engineer. My professional services have predominantly comprised marine works, and in particular, marina f...

3. Umuhuri Matahaere - Evidence in Chief [pdf, 7.6 MB]

   ...at sea, and the name was adopted by descendants of Ngai Te HapO. (Nepia Ranapia will give further history and tikanga of Motiti in his evidence.) 11. Ko au ko Motiti, ko Motiti ko au [I am Motiti. Motiti is me]. The island is the centre of our universe. It is the wellspring of our identity, our beginning and our end. It is our most precious taonga. 12. We do not rely on others in the exercise of mana and we have maintained our own identity as the tangata whenua of Motiti Island th...

4. Evidence - Traffic - Minister for Children - Samantha McCarthy - Final [pdf, 238 KB]

   ...Resource Management Act 1991 ("RMA") A N D IN THE MATTER of a proposed direct referral of a notice of requirement by the Minister of Children to alter Designation 3800 ‘Care and Protection Residential Centre – Upper North’ in the Auckland Unitary Plan (Operative in Part) BETWEEN MINISTER FOR CHILDREN Applicant A N D AUCKLAND COUNCIL Regulatory Authority EVIDENCE OF SAMANTHA LOUISE MCCARTHY ON BEHALF OF THE MINISTER FOR CHILDREN TRA...

5. [2022] NZACC 84 – Olliver v ACC (10 May 2022) [pdf, 200 KB]

   ...That is an interpretation that we consider, as did the Court in Childs v Hillock, best captures Parliament's intent in the context of a scheme which is underpinned by the concept of “personal injury by accident” and which does not provide universal compensation for sickness or ill-health. So, for example, side effects of chemotherapy of a nature and severity that are encountered reasonably often and occasion no surprise are ordinary consequences of that chemotherapy even if...

6. 2009-10 to 2011-12 Ministry of Justice statement of intent [pdf, 528 KB]

   ...or religion of affiliation, leading to questioning of acceptability of current legal jurisdictions and law 12 population growth and increasing diversity, stretching services and requiring complex service delivery approaches, most evident in Auckland growing young and old populations, leading to an increase in demand for justice services and service improvement and combined with a smaller working age population to fund this. The Ministry’s five year Strategic Plan will be revie...

7. Proactive-release-Review-of-the-Operation-and-Performance-of-the-Public-Defence-Service-2021.pdf [pdf, 1.5 MB]

   ...issues, we observe that part of the reason why lawyers leave PDS for the private bar is that they perceive that private bar lawyers carry lighter caseloads, with greater flexibility, while earning more overall. Training Y. Training for lawyers is universally well regarded as a significant strength of the PDS: we are told that training is regular, plentiful, and useful. PDS’ training guides are reportedly very good tools. 10 That said, issues arise with access to train...

8. Deborah Freeman - Evidence in Chief [pdf, 3.1 MB]

   ...Deborah Joanne Freeman. 2. I hold a Doctor of Philosophy in Marine Science (awarded in 2008), a Master of Science (Marine Science with First Class Honours; awarded in 1998) and a Bachelor of Science (Biological Sciences; awarded in 1996), from the University of Auckland. I have 19 years' experience employed in the field of marine ecology. 3. I am currently employed as a Science Advisor (Marine) with the New Zealand Department of Conservation. I have been employed in this role...

9. [2007] NZEmpC AC 24/07 Jeffries v Adis International Ltd [pdf, 47 KB]

   ...the sum of $30,000 should be awarded as a fair and reasonable contribution towards its costs and had no objection to this sum being paid on an instalment basis. [18] Mr Ryan for the plaintiff referred not only to Binnie but also to Victoria University of Wellington v Alton-Lee [2001] 1 ERNZ 305 (CA) and Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172 (CA), and submitted that these “triumvirate” of Court of Appeal decisions have established the principles to be applied by the E...

10. Wawatai(Tate) - Estate of Te Raana Waiti (2014) 88 Taitokerau MB 233 (88 TTK 233) [pdf, 110 KB]

    ...Mitchell the doctrine of res judicata is explained as follows: 2 [28] The principles relating to the doctrine are set out in Chapter 7 entitled “Legal Nature of Powers” in Administrative Law (9th edition) by H W R Wade and C F Forsyth (Oxford University Press 2004). Res judicata is discussed at page 243 and following. The definition of res judicata is given as follows: “One special variety of estoppel is res judicata. This results from the rule which prevents the parties to a...