[2021 NZACC 142 – Harness v ACC (22 September 2021) [pdf, 1.3 MB]
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...interest. 10 The rationale is that the funder is gaining access to justice for its own purpose and is in effect the “real party” to the litigation, even if it is not the sole party. 11 [37] These principles were applied by the Court of Appeal where a costs award was sought against a non-party in this Court: Kidd v Equity Realty (1995) Ltd. 12 [38] There are, however, exceptions to the general rule; these were summarised by the Court of Appeal in SH Locke (NZ) Ltd v New Ze...
...had produced that lease at the Tribunal hearing as part of the defence to NDT’s claim. [43] In considering NDT’s application for a rehearing, the Tribunal Referee rejected the argument that Mr AD had fabricated the lease document. [44] NDT appealed the Tribunal’s original decision dismissing its claim, and the District Court ordered the Tribunal to rehear the claim. This was on the basis that Mr WS had not been given sufficient time to consider documents that had been prov...
...Zealand • two persons, being officers of the Ministry of Health, one of whom shall be appointment as chairman. Records The documents held are minutes of meetings, a file of correspondence and administrative matters, and files concerning the appeals and objections heard by the Committee. 20 Documents Relating to Decision-Making Processes The Medicines Classification Committee uses the Members’ Handbook manuals for administrative purposes. Contact The Secreta...
...of that inquiry) is an inquisitorial process that is different, in many respects, from a criminal or civil trial. It is useful to reproduce a passage from the Laws of New Zealand, which was affirmed as a correct statement of law by the Court of Appeal in Newton v Coroners Court:2 [25] General A Coroner’s Court is a Court of record. A Coroner’s inquest is a judicial hearing presided over by a warranted judicial officer, who has most of the ancillary powers of a District Cour...
IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KOTI TAIAO O AOTEAROA KI OTAUTAHI IN THE MA TIER AND BET\VEEN AND Decision No. [2022] NZEnvC 225 ofthe Resource Management Act 1991 an appeal under s358 of the Act PETER GEOFFREY THOMAS INGLIS (ENV-2022-CHC-12) Appellant TASMAN DISTRICT COUNCIL Respondent Environment Judge J J M Hassan - sitting alone under s279 of the Act In Chambers at Christchurch Date of Consent Order: 3 November 2022 CONSENT ORDER A: Und...
...Comparative Perspective (Cambridge University Press, New York, 2011) at 76, referring to Imperial Laws Application Act 1988. [16] The protocol under which complaints about judges were dealt with during this time was described by the Court of Appeal in Bradbury v Judicial Conduct Commissioner:17 [A] protocol was in place under which complaints were largely dealt with by Heads of Bench. Where the complaint was serious, the protocol proceeded on the basis that the Attorney-Ge...