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...discretion in 13 At [42]. 14 At [44]. 15 At [46]. determining costs. The general principles concerning Calderbank offers are reasonably well established and were considered by the Court of Appeal relatively recently in Binnie v Pacific Health Ltd; 16 Health Waikato Ltd v Elmsly 17 and Bluestar Print Group (NZ) Ltd v Mitchell. 18 In Elmsly, the Court stated: 19 ... we think that a more sensible approach by the de...
...declarations 4, 6 and 44. B: Costs are reserved. Any application should be made within 20 working days of date of issue of this decision and any reply within a further 20 working days. The timetable will be automatically stayed if there is any appeal to the High Court. MAWHINNEY & ORS v AUCKLAND COUNCIL - FOURTH DECISION Introduction 2 REASONS [1] This decision concerns an application for three declarations1 under the Resource Management Act 1991 ("the RMA" or...
[2012] NZACA 17 ACA 6/12 IN THE MATTER of the Accident Compensation Act 1982 AND IN THE MATTER of an appeal pursuant to s 107 of the Act BETWEEN DENNIS WILLIAMS Appellant AND ACCIDENT COMPENSATION CORPORATION a body corporate duly constituted under the provisions of the said Act Respondent BEFORE THE ACCIDENT COMPENSATION APPEAL AUTHORITY R Bedford HEARING at Hamilton on 25 June 2012 APPEARANCES/COUNSEL Mr Williams representing...
...but for the interference. [255.4] Damages of $60,000 are awarded against the Attorney-General under ss 85(1)(c) and 88(1)(c) for loss of dignity and injury to feelings. [3] The focus of the present application is on [255.2]. Decision under appeal [4] The defendants have appealed to the High Court. It is understood that appeal will be heard on 10 to 12 September 2018. 4 Procedural history [5] On the filing of the present application the Chairperson on 28 June 2018 b...
2021 Māori Appellate Court MB 48 I TE KOOTI PĪRA MĀORI O AOTEAROA I TE ROHE O WAIKATO MANIAPOTO In the Māori Appellate Court of New Zealand Waikato Maniapoto District A20200008027 APPEAL 2020/6 WĀHANGA Under Sections 18(1)(h) and 131(a), Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Part Puketiti 2B2B 1 and Lot 1 Deposited Plan South Auckland 33533 I WAENGA I A Between PHILLIP PEACOCKE, SUSAN PEACOCKE and CR REJT...
...Relations Act 2000, it is not the same as saying that all decisions made in the course of litigation should be made by the same body. Obvious examples of different judicial bodies necessarily being involved in the same litigation include challenges, appeals and judicial review. In any event, while a scheme underlying legislation may assist in interpreting the provisions of the statute, that scheme cannot prevail over the express provisions of the enactment. Although Parliament inte...
IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 93 ACR 120/16 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN THE ESTATE OF MARGARET BRYANT Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 20 May 2021 Heard at: New Plymouth/Ngamotu Appearances: Ms L Burns on behalf of the appellant Mr D Tuiqereqer...
...NAME AND ANY DETAILS THAT MIGHT IDENTIFY THE APPELLANT IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 27 ACR 104/22 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN TR Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearings: 14 December 2022 and 31 January 2023 Heard at: Auckland/Tamaki Mākaurau Appearances: The Appella...
IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 54 ACR 26/22 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN STEPHEN MCLENNAN Appellant AND ACCIDENT COMPENSATION CORPORATION First Respondent AND ALLIANCE GROUP LIMITED Second Respondent Hearing: 27 March 2023 Held at: Auckland/Tāmaki Makaurau Appearances: P Schmidt for the A...
...Criminal Procedure Act 2011 and the Courts Security Act 1999. Reinforce the Judiciary’s inherent and implied powers to control the safety of the courtroom. 5 No. Act Amendment Expected Impacts 15. Allow applications for leave to appeal to the Court of Appeal to be heard by two or more Court of Appeal judges, at least one of whom must be a permanent Court of Appeal Judge or an acting Court of Appeal Judge. Currently, one of the judges must be a permanent Court...