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...& ACR 144/21 & ACR 145/21 IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 145 ACR 92&144&145/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN SNEZANA STOJICEVIC Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 29 June 2022 Heard at: Auckland/Tāmaki Makaurau Appearances: Mr B Hinchcliff for the A...
BEFORE THE ENVIRONMENT COURT ENV –AKL- 2016- 000243 In the Matter of Of an appeal under section 156 of the Local Government (Auckland Transitional Provisions) Act 2010 and the Resource Management Act 1991 Between KEITH VERNON Appellant A N D AUCKLAND COUNCIL Respondent ______________________________________________________________________________ NOTICE OF WISH TO BE PARTY TO PROCEEDINGS BY CHARACTER COALITION INCORPORATED _____________...
...category); or • a person who made a submission about the subject matter of the proceedings]. I am not a trade competitor for the purposes of section 308C of the Resource Management Act 1991. I am directly affected by an effect of the subject of the appeal that- • (a) adversely affects the evvirnn-mPnt· ,,n,~ • (b) does not relate to trade compet1t10n or the errects ot rraae compemwn. I am interested in all of the proceedings. I~~=i~ipate in mediation or ot~er alternative dis...
...to discourage the Table Games strikers, and other union members, from engaging in short duration strikes part way through their shifts. In Spotless Services (NZ) Ltd v Service and Food Workers Union Nga Ringa Tota Inc (No 2) 1 the Court of Appeal found that the definition of a lockout in s 82 contains two elements 2 : They can be described as the factual element and the mental element. The factual element consists of an act of discontinuing an employment or breaking an employm...
...the remaining applications for the enforcement of obligations of trust and the removal of trustees, noting that the Court would need to be persuaded that it had jurisdiction to make orders in respect of TUT. [12] That decision was subsequently appealed, and the substantive applications adjourned pending the outcome of the appeal.5 TUT did not take active steps or participate in the appeal. 1 220 Waiariki MB 101-102 (220 WAR 101-102). 2 220 Waiariki MB 228-232 (220 WAR 228-23...
...Fernando concerned a medical practitioner who, although registered in New Zealand, resided overseas at the relevant time. He improperly accessed medical records held in New Zealand, falsely holding out that he needed them to treat the patients. On appeal, he challenged the Tribunal’s jurisdiction to discipline an overseas resident in respect of conduct partly done overseas. Faire J acknowledged the general principle of territoriality but held that the medical practitioner was sus...
IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 116 ACR 245/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN JOE TOA’FA Appellant AND ACCIDENT COMPENSATION CORPORATION First Respondent AND AUCKLAND MEAT PROCESSORS Second Respondent Hearing: 17 July 2023 Held at: Auckland/Tāmaki Makaurau Appearances: H Armstrong for the A...
...My mandate letter states that the ordinary Cabinet Guidelines respecting compensation for the wrongfully convicted do not apply in this case because David Bain did not receive a free pardon and the Privy Council, in allowing his appeal, did not acquit him or stay further criminal proceedings. 4. Accordingly, David Bain’s claim for compensation falls to be considered outside the ordinary Cabinet Guidelines for compensatio...
MIDDLE HILL LIMITED v AUCKLAND COUNCIL Decision [2022] NZEnvC 162 [26 August 2022] IN THE ENVIRONMENT COURT OF NEW ZEALAND AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 162 IN THE MATTER OF an appeal under clause 14 of Schedule 1 of the Resource Management Act 1991 BETWEEN MIDDLE HILL LIMITED ENV-2020-AKL-000048 Appellant AND AUCKLAND COUNCIL Respondent Court: Environment Judge MJL Dickey Environment Commissioner RM Bartlett Enviro...
...of authority and was intended to alter the common law position established in Hagg. He found that s66 “…altered and tightened the tests for exclusion of the personal grievance jurisdiction...” (paragraph [50]). [50] This decision was appealed (Norske Skog Tasman Ltd v Clarke [2004] 1 ERNZ 127; [2004] 3 NZLR 323). A majority upheld Judge Colgan’s decision that there was non-compliance with s66(2)(b) and therefore the fixed term agreement was ineffective. In paragraph [...