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ACR 159/20 IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 138 ACR 159/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN MILES WILLIAMS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 28 June 2022 Heard at: Auckland/Tāmaki Makaurau Appearances: Appellant in person Ms F Becroft for the Respondent J...
...Marinas,7 where the following observations in Re Canterbury Cricket Association Incorporated were strongly endorsed:8 There are differences in the scope and conduct of a first instance hearing to determine an application for consent compared with an appeal on consent. A first instance hearing before the Environment Court may be a lengthier process involving more parties with the full range of issues (legal issues, factual and opinion evidence) yet to be determined. On appeal, the...
BLUE GRASS LTD & ORS v DCC IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 83 IN THE MATTER of the Resource Management Act 1991 AND appeals under clause 14 of the First Schedule of the Act in relation to the proposed Second Generation Dunedin City District Plan BETWEEN BLUE GRASS LIMITED and OTHERS (ENV-2018-CHC-293) (continued in the Schedule) Appellants AND DUNEDIN CITY COUNCIL Respondent Court: Env...
IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 68 ACR 171/22 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN CARL HART Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 20 March 2023 Heard at: Auckland/Tamaki Makaurau Appearances: Mr B Hinchcliff for the Appellant Mr B Marten for the Respondent Judgment: 9 May...
IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 117 ACR 142/22 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN MICHAEL JONES Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 18 July 2023 Held at: Auckland/Tāmaki Makaurau Appearances: The Appellant is self-represented F Becroft for the Accident Compensation Cor...
...that actions the subject of the decisions occurred prior to the commencement of the 2020 Act. The parties submissions, however show that courts appear to be moving away from clear delineations between those two types of rights, with the Court of Appeal recognising that the distinction between substantive and procedural rights is not always easy to draw, as “reforms of a procedural character may operate to destroy substantive rights.”34 The House of Lords has cautioned against...
Hon Andrew Little Minister of Justice Proactive release - Seventh Periodic Report under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment: request to release the draft report for public consultation Date of issue: 19 June 2019 The following documents have been proactively released in accordance with Cabinet Office Circular CO (18) 4. No. Document Comments 1 Seventh Periodic Report under the Convention against Torture and Other C
Hon Andrew Little Minister of Justice Proactive release - Seventh Periodic Report under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment: request to release the draft report for public consultation Date of issue: 19 June 2019 The following documents have been proactively released in accordance with Cabinet Office Circular CO (18) 4. Some information has been withheld on the basis that it would not, if requested under the Officia
...Coincidentally, that case also concerned the dismissal on grounds of redundancy of a farm employee but that is of no significance. [48] In Simpsons Farms I said that I did not understand Parliament to have intended the principles stated by the Court of Appeal in GN Hale & Sons Ltd v Wellington Caretakers IUOW 3 to be affected when it enacted the Employment Relations Act and, in 2004, s 103A in particular. That statement may be interpreted to say that an employer only has to pe...
...meeting should be modest.” 10 Parties who choose to incur costs in excess of the current notional daily rate of $3,500 are “entitled to do so but cannot confidently expect to recoup additional sums.” 11 [15] There are several Court of Appeal decisions which have dealt with issues as to the effect of Calderbank offers. I refer to two. The first of those is Health Waikato v Elmsly. 12 There the Court of Appeal in the context of discussion as to the cost effectiveness...