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1. Boyle v ACC (Deemed Cover, Weekly Compensation) [2024] NZACC 61 [pdf, 277 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 061 ACAR 123/22 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN ANTHONY BOYLE Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 4 April 2024 Held at: Hamilton District Court Appearances: L Wilkie for the Appellant C Houlahan for the Accident Compensation Corporati...

2. Estate of Te Aonui v Accident Compensation Corporation (Personal Injury) [2023] NZACC 147 [pdf, 375 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 147 ACR 222/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACCIDENT COMPENSATION ACT BETWEEN ROBERTA PAUL (as administrator of the Estate of ANANIA TE AONUI, deceased) Appellant AND ACCIDENT COMPENSATION CORPORATION First Respondent AND SILVERFERN FARMS Second Respondent Hearing: 19 July 202...

3. [2023] NZEnvC 139 Ka Runaka v Queenstown Lakes District Council [pdf, 512 KB]

   ...RŪNAKA v QLDC – QLDC PDP – TOPIC 34 WĀHI TŪPUNA – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 139 IN THE MATTER of the Resource Management Act 1991 AND an appeal clause 14 of the First Schedule of the Act BETWEEN KĀ RŪNAKA (ENV-2021-CHC-55) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge J J M Hassan – sitting alone under s279 of the Act In Chambe...

4. Jukes v Accident Compensation Corporation (Personal Injury) [2024] NZACC 175 (4 November 2024) [pdf, 258 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 175 ACAR 197/22 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN TONY JUKES Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 29 October 2024 Held at: Wellington/Whanganui-a-Tara by AVL Appearances: P Sara for the Appellant I Hunt for the Accident Compensation...

5. Enviro NZ Services Ltd v Accident Compensation Corporation (Work-Related Personal Injury) [2025] NZACC 111 [pdf, 290 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2025] NZACC 111 ACAR 139/24 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN ENVIRO NZ SERVICES LIMITED Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 28 May 2025 Heard at: Auckland/Tāmaki Makaurau Appearances: S Cook and H Wijewardhana for the Appellant F Becroft for the Respondent...

6. [2012] NZEmpC 200 Doran v Crest Commercial Cleaning Ltd [pdf, 93 KB]

   ...discretion to make orders as to costs but, as with all such discretions, it must be exercised judicially and in accordance with principle. The key principles applicable to the Court’s discretion to award costs have been set out by the Court of Appeal in three very well known decisions: Victoria University of Wellington v Alton-Lee [2001] ERNZ 305, Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 and Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172. [3] The fundamental purpose of an aw...

7. [2013] NZEmpC 29 Brightwater Engineers Ltd v Arrowsmith [pdf, 121 KB]

   ...statutory time allowed, however, is very significant. As Richardson J said in Avery v No 2 Public Service Appeal Board: 7 7 [1973] 2 NZLR 86 (CA) at 91. When once an appellant allows the time for appealing to go by then his position suffers a radical change. Whereas previously he was in a position to appeal as of right, he now becomes an applicant for a grant of indulgence by the Court. The onus rests upon him to satisfy the...

8. [2013] NZEmpC 96 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 96 KB]

   ...Act and reg 68 of the Employment Court Regulations 2000 (the Regulations). He cited the well established principles relating to the Court’s discretion and the award of costs set out in Reid v NZ Fire Service Commission 3 and the two Court of Appeal decisions in Victoria University of Wellington v Alton-Lee 4 and Binnie v Pacific Health Limited. 5 He accepted that the usual starting point is two-thirds of the costs actually and reasonably incurred, which may be adjusted up or...

9. CAC 20002 v Kitto [2013] NZREADT 70 [pdf, 41 KB]

   ...set of keys, and a letter, on the complainant’s doorstep on two separate occasions. 2 Procedure [3] The prosecution proceeded by way of formal proof because, although on 17 December 2012 the defendant appeared to deny the charge and appeal the decision of the Committee to prosecute, the defendant has since declined to participate further in this prosecution despite having been served with all papers as appropriate. [4] Much care has been taken to effect such service on...

10. Greenwood v REAA & Leaders Bay Cities Ltd [2012] NZREADT 14 [pdf, 181 KB]

    Decision No: [2012] NZREADT 14 Reference No: READT 046/10 IN THE MATTER OF an appeal under s 111 of the Real Estate Agents Act 2008 BETWEEN CLAUDENE & HAYDEN GREENWOOD Appellants AND REAL ESTATE AGENTS AUTHORITY (CAC 10042) First Respondent AND LEADERS BAY CITIES LIMITED Second Respondent BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL Ms K Davenport - Chairperson Mr J Gaukrodger - Member Mr G Denley - Member...