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1. Ferguson v Accident Compensation Corporation (Work-related gradual process injury) [2024] NZACC 167 (22 October 2024) [pdf, 295 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 167 ACAR 216/23 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN MARTIN FERGUSON Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 18 October 2024 Held at: Nelson District Court Appearances: A Brooke for the Appellant J Maslin-Caradus and T Babe for the Accident Compensation Corporation (“the Corporatio...

2. [2008] NZEmpC AC 39/08 Prins & Anor v Tirohanga Group Ltd (formerly Tirohanga Rural Estates Ltd) [pdf, 26 KB]

   ...significantly less. Counsel further submits that the award of costs should reflect adequately the initial costs which the defendant’s strategy caused the plaintiffs to incur. [12] Mr Drake draws to my attention the recent judgment of the Court of Appeal in Paper Reclaim Ltd v Aotearoa International Ltd [2006] 3 NZLR 188. The Court of Appeal, in determining that exemplary damages are not available for contract breaches, noted that: “… in appropriate cases, indemnity costs may...

3. Mason v REAA Registrar [2013] NZREADT 35 [pdf, 31 KB]

   ...prosecution. [11] The applicant had filed with us a letter of 15 March 2013 reading: “Further Charges I am also required to inform you of a charge of importing in 2005. I was convicted of this at trial, due to negligence on my lawyers part. I appealed with a new lawyer. The Court of Appeal quashed the conviction due to a misdirection by the Judge to the jury and a re-trial was ordered. At the re-trial, my new lawyer produced the evidence that should have been produced by or...

4. Thomas v CAC304 & Anor [2016] NZREADT 17 [pdf, 129 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2016] NZREADT 17 READT 047/15 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN SIJO THOMAS Applicant AND REAL ESTATE AGENTS AUTHORITY (CAC 304) First respondent AND MARKUS LANG (Deceased) Second respondent MEMBERS OF TRIBUNAL Ms K Davenport QC – Chairperson Mr G Denley- – Member Ms C Sandelin- – Member HEARD at AUCKLAND on 15 December 2015...

5. Kong v Li [2015] NZIACDT 59 (15 May 2015) [pdf, 135 KB]

   ...of $100,000 or both for knowing offending, and a fine of up to $100,000 if the knowledge element is absent. The Courts have treated the offending as having a gravity that reflects the range of penalties. In Hakaoro v R [2014] NZCA 310 the Court of Appeal dealt with an appeal against a sentence of one year and eight months imprisonment on charges under the Act. Mr Hakaoro’s appeal was unsuccessful, as was his application for leave to appeal to the Supreme Court. 1 [9] In relation to...

6. DR v AKSC1 LCRO 28 / 2010 (15 August 2011) [pdf, 88 KB]

   ...Instead, he remained in gaol and faced the uncertain prospect of defending an application for recall. In the end, the application for recall did not succeed. [3] The Judge’s comments were made in the course of delivering a Judgment in an appeal against the conviction on the grounds that there had been a miscarriage of 2 justice, occasioned by the incorrect advice provided by the applicant. The appeal succeeded and the conviction was quashed. The Standards Committee Det...

7. [2018] NZEmpC 66 Ben Singh Holdings Ltd t/a Fresh VibeCafé v Singh [pdf, 235 KB]

   ...employed as the head chef and had full responsibility to run the Fresh Vibe Café. She says she is authorised to make the affidavit on behalf of Ben Singh Holdings. 2 The application refers to “appeal” but it is a challenge. [6] Ms Kumar deposes that Ben Singh Holdings would not have the resources to bring the challenge if it has to pay Mr Singh, and that it believes it would not be able to recover the payment from Mr...

8. [2018] NZEnvC 105 Doig v Marlborough District Council [pdf, 1.5 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOn TAIAO 0 AOTEAROA Decision No. [20181 NZEnvC105 IN THE MATTER of the Resource Management Act 1991 AND of an appeal pursuant to s 120 of the Act BETWEEN H P DOIG (ENV-2017 -CHC-053) Appellant AND MARLBOROUGH DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Environment Commissioner C J Wilkinson Environment Commissioner J A Hodges Hearing: at Blenheim on 13 February 2018 Appearances: P Steven QC for the appella...

9. The Real Estate Agents Authority (CAC 413) v Mairs [2018] NZREADT 41 [pdf, 190 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2018] NZREADT 41 READT 040/17 IN THE MATTER OF A charge laid under s 91 of the Real Estate Agents Act 2008 A An appeal under section 111 of the Real Estate Agents Act 2008 BOUGHT BY THE REAL ESTATE AGENTS AUTHORITY (CAC 413) AGAINST GEOFFREY MAIRS Defendant Hearing: 25 July 2018, at Auckland Tribunal: Mr J Doogue, Deputy Chairperson Mr G Denley, Member Ms C Sand...

10. Horticulture New Zealand.pdf [pdf, 187 KB]

    ...Gray Tom.Gray@ahmlaw.nz (09) 304 0425 Advice If you have any questions about this notice, contact the Environment Court in Auckland. mailto:lucy.deverall@hortnz.co.nz Fonterra Ltd v Waikato Regional Council ENV-2020-AKL-000084 Provision appealed Relief sought Support / Oppose Reason Objective 2 Objective 2 and Table 3.11-1 be revisited iteratively with consideration of other appeal points in relation to the scope and efficacy of policies and methods that apply, in par...