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IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 118 ACR 137/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN HARLEY BAKER Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 21 June 2021 Heard at: Auckland/Tamaki Makaurau Appearances: Mr D Heperi, advocate for the appellant Ms F Becroft for the res...
...any court or tribunal, the starting point when it comes to questions of suppression is the principle of open justice. The importance of the principle of open justice has been discussed at length in case law. [15] In R v Liddell, the Court of Appeal said:9 [T]he starting point must always be the importance in a democracy of freedom of speech, open judicial proceedings, and the right of the media to report the latter fairly and accurately as “surrogates of the public”. [16] I...
IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 129 ACR 068/18 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN NICOLA GRIFFITHS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: Christchurch/Otautahi Heard at: 20 July 2021 Appearances: Ms M Watson advocate for the appellant Mr C Hlavac for the respond...
...considers that the review can be adequately determined in the absence of the parties. Nature and scope of review [40] The High Court has described a review by this Office in the following way:8 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust....
...As the application has only been made on notice to Ms Pepper, Mr Cooper, and Oceania, no discovery orders can be made in relation to potential claims against other intended defendants whose identities are unknown. I observe that the Court of Appeal stated in Exchange Commerce Corp Ltd v New Zealand News Ltd, that pre-commencement discovery can be used to obtain the name of an intended defendant where there is evidence of wrongdoing.6 However, I do not consider there is a sufficie...
...Shipping applies in this case.” [27] Counsel for the applicant further submits that the information and documentation leading up to the settlement agreement should be disclosed due to public policy considerations. Counsel refers to the Court of Appeal’s remarks in Sheppard Industries Ltd v Specialised Bicycle Components Inc that “…evidence could be given to show the factual matrix against which the agreement was made, thus assisting in its interpretation”,3 as well as th...
...scope of review [37] The nature and scope of a review was discussed by the High Court in 2012, which said of the process of review under the Act:7 … 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 th...
...scope of review [38] The nature and scope of a review was discussed by the High Court in 2012, which said of the process of review under the Act:6 … 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 th...
...changing the status of Te Karaka 1B2B1 from Māori freehold land to General land. 1 SA12C/26, Certificate of Title Under The Land Transfer Act, S.502804, 2 December 1970. 2 Malcolm – Te Karaka 1B2B1 (1996) 1 Waiariki Appellate MB 31 (1996 APPEAL 31). 318 Waiariki MB 26 [7] On 16 October 1996 the Māori Appellate Court made a conditional order declaring that the status of the Land was Māori freehold land at the request of its owners, Te Poroa and Grace Ritohau.3 The orde...
...Ltd, above n 6. 11 DISCUSSION [52] Both counsel have referred to other penalty decisions, being Burnett, Optimize Realty, AJS Rental Realty and the recent decision of the Tribunal, City Realty.11 [53] In Burnett, the Tribunal considered an appeal against a fine of $2,000, ordered by a Complaints Assessment Committee against Mr Burnett’s company, following the Committee’s finding of unsatisfactory conduct. Mr Burnett’s company had failed to provide monthly reconciliati...