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1. Hide v Official Assignee (Confidentiality Claim) [2019] NZHRRT 1 [pdf, 302 KB]

   ...69(2)(b) provides that a judge may decline to give a direction if the public interest in disclosure is outweighed by the public interest in any of the matters set out in s 69(2)(a), (b) or (c). In Port Nelson Ltd v Commerce Commission the Court of Appeal said: It must be apparent from the document in question or shown by other evidence that disclosure would be likely to prejudice the party in some significant way. Even the possibility of prejudice may be sufficient, but that will depe...

2. ZA v YB LCRO 135/2014 (31 August 2016) [pdf, 76 KB]

   ...and Scope of Review [8] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for t...

3. [2020] NZEnvC 175 Wilkins Farming Co Ltd v Southland Regional Council.pdf [pdf, 6.1 MB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA Kl OTAUTAHI Court: IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 175 of the Resource Management Act 1991 of an appeal under section 120 of the Act WILKINS FARMING CO LIMITED (ENV-2018-AKL-380) Appellant SOUTHLAND REGIONAL COUNCIL Respondent Environment Judge J E Borthwick Environment Commissioner M C G Mabin Environment Commissioner A P Gysberts Hearing: In Chambers at Ch...

4. Tareha v Pene - Waiohiki 1C1D (2020) 83 Takitimu MB 294 (83 TKT 294) [pdf, 258 KB]

   ...carrying out the terms of trust; the proper administration and management of the business of the trust; the preservation of the assets of the trust; and the collection and distribution of the income of the trust. [26] In Rameka v Hall, the Court of Appeal confirmed that these statutory duties are not exhaustive and general trustee law principles are also relevant.8 In addition, the applicable trust order may add other responsibilities. The Court listed the following as the relevan...

5. [2020] NZEmpC 64 Max Pennington Motors Ltd v A Labour Inspector [pdf, 253 KB]

   ...this argument, if accepted and applied, procures a substantial windfall for the salespersons involved beyond their contractual entitlements. [10] Ms English, counsel for the Labour Inspector, particularly relied upon the decision of the Court of Appeal in Postal Workers Union of Aotearoa Inc v New Zealand Post Ltd.2 That case dealt with a similar argument to that now made by the 2 Postal Workers Union of Aotearoa Inc v New Zealand...

6. [2021] NZACC 41 - ACC v Building Connexion Ltd (1 March 2021) [pdf, 264 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 41 ACR 24/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN ACCIDENT COMPENSATION CORPORATION ACCIDENT COMPENSATION CORPORATION Appellant AND BUILDING CONNEXION LIMITED Respondent Hearing: 23 September 2020 Appearances: C Hlavac for the Appellant G Pearson and A Ishe...

7. [2022] NZEnvC 224 Cardrona Cattle Co Ltd v Queenstown Lakes District Council [pdf, 2.2 MB]

   IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KOTI TAIAO O AOTEAROA KI OTAUTAHI IN THE MA TIER AND BETWEEN AND AND Decision No. [2022] NZEnvC 224 of the Resource Management Act 1991 an appeal under s120 of the Act CARDRONA CATTLE COMPANY LIMITED (ENV-2022-CHC-008) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent CENTRAL OTAGO QUEENSTOWN TRAIL NETWORJ<.: TRUST Applicant Environment Judge J J M Hassan - sitting alone under s279 of the Act In Cham...

8. Harris v Accident Compensation Corporation (Entitlement to Surgery) [2022] NZACC 231 [pdf, 310 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 231 ACR 175/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN ROBERT HARRIS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 2 November 2022 Heard at: Christchurch/Ōtautahi Appearances: The Appellant in person via Video Link Mr I Hunt for the Respondent Judgment:...

9. [2022] NZEmpC 120 Smiths City (Southern) Ltd (in receivership) v Claxton [pdf, 273 KB]

   ...proceedings heard at the same time as the claim against Mr Claxton. 2 Smiths City (Southern) Ltd (in rec) v Claxton [2021] NZEmpC 169 at [249]. 3 At [251]. The judgment was stayed pending an unsuccessful application by Mr Claxton seeking leave to appeal to the Court of Appeal, see Smiths City (Southern) Ltd (in rec) v Claxton [2022] NZEmpC 17; and Claxton v Smiths City (Southern) Ltd (in rec) [2022] NZCA 173. 4 While the parties referred to costs excluding GST, no one sought an up...

10. [2022] NZACC 7 – Calzadilla v ACC (20 January 2022) [pdf, 361 KB]

    IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 007 ACR 212/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN VIOLETA CALZADILLA Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 24 November 2021 Heard at: Wellington/Te Whanganui-A-Tara Appearances: Ms A Brown for the appellant Ms E Watt and Mr S Kinsle...