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1. Te Whata - Waiwhatawhata 1A2B6 Lot 1 DP 168554 (2008) 125 Whangarei MB 294 (125 WH 294) [pdf, 3.4 MB]

   ...went too far and that it was "not helpful to attempt to lay down a rule which effectively says change of status will not be granted if opposed by PCA" (paragraph 173). [23) Edwards v Maori Land COllrl of New Zealand was successftilly appealed to the Court of Appeal in Brllce v Edwards. Although the Court of Appeal did not directly address the 125 Whangarei MB 300 High Court's criticism of Part Orakawa, it clearly contradicted that criticism by expressly referring...

2. [2018] NZEmpC 63 Lorigan v Infinity Automotive Ltd [pdf, 342 KB]

   ...as an example. the Court’s orders and directions. It could not be complained that such an order would be unfair to him. [17] The principles which apply to the making of an unless order were conveniently summarised by the Court of Appeal in SM v LFDB.10 [18] There, the Court emphasised that whilst an unless order is ordinarily one of last resort, and is properly made only where there is a history of failure to comply with earlier orders, that is not necessarily the end...

3. [2021] NZACC 62 - Atley v ACC (20 April 2021) [pdf, 243 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 62 ACR 263/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN WILLIAM ATLEY Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 13 April 2021 Held at: Auckland/Tāmaki Makaurau Appearances: The appellant represents himself L Mailand for the respondent Judgment:...

4. [2019] NZEnvC 095 View West Limited v Auckland Council [pdf, 5.2 MB]

   ...Limited incurred in these proceedings. B: Such sum may be enforced in the District Court at Auckland if necessary. This concludes these proceedings . REASONS I ntrod uction [1] This application for costs by View West follows a successful appeal by View West VIEW WEST LIMITED v AUCKLAND COUNCIL 2 from a Council refusal. The appeal process [2] The appeal was from a decision of the Council who appointed Independent Commissioners to hear an application for resource consent...

5. McNicholl v CAC416 & O'Loughlin [2019] NZREADT 32 - Penalty (2 August 2019) [pdf, 276 KB]

   ...____________________________________________________________________ Introduction [1] On 14 December 2018, Complaints Assessment Committee 416 (“the Committee”) issued a decision in which it determined to take no further action on a complaint made against Mr O’Loughlin. Mr and Mrs McNicholl appealed to the Tribunal against that decision. They were joined in the appeal by Mr Stephen Gerald Cleaver, Ms Robyn Marie Fraser, and Mr Diego Thomas Lennon (together, “the ap...

6. 2020-12-07 Statement of evidence of Tom de Pelsemaeker on behalf of the ORC - Appendix H [pdf, 197 KB]

   ...Treaty as embodied in the 2 texts”34 when considering whether the Crown has acted in a manner “inconsistent with the principles of the Treaty”.35 23. We note that, while the opinions of the Waitangi Tribunal are considered by the Court of Appeal to be of “great value” to the Court,36 and are often given considerable weight in its judgments, Courts are nonetheless not obliged to give effect to Tribunal 28 Waikanae Christian Holiday Park v Kapiti Coast District Council Welling...

7. [2021] NZACC 121 - Kemp v ACC (3 August 2021) [pdf, 222 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 121 ACR 242/16 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN WENDY KEMP Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 13 July 2021 Held at: Hamilton/Kirikiriroa Appearances: The appellant is self-represented A Miller for the Accident Compensation Corporat...

8. [2021] NZACC 89 - Baanders v ACC (22 June 2021) [pdf, 292 KB]

   ...CORPORATION [22 June 2121] IN THE DISTRICT COURT AT AUCKLAND I TE KŌTI-Ā-ROHE KI TĀMAKI MAKAURAU [2021] NZACC 89 ACR 352/18 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN WILLIAM JOHN BAANDERS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 19 May 2021 Appearances: The Appellant in Person B Johns...

9. Khan v Accident Compensation Corporation (Personal Injury) [2022] NZACC 225 [pdf, 330 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 225 ACR 11/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN NIGAR KHAN Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 4 March 2022 Heard at: Auckland/Tāmaki Makaurau Appearances: The appellant in person via video link Ms K Anderson for the responde...

10. [2024] NZREADT 24 – OG Trust v REAA (29 July 2024) [pdf, 180 KB]

    ...2024 declining the trustees’ application to adduce fresh evidence. Minute 2 was issued on 13 May 2024 directing a decision on the papers and setting a timetable for substantive submissions. [23] The Tribunal received a memorandum of grounds of appeal (2 November 2023) and submissions (31 May and 8 July 2024) from the trustees. It received submissions (14 June 2024) from the Authority. DISCUSSION Documentation [24] The gravamen of the complaint against the licensee and the re...