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IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 32 ACR 267/17 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN KELVIN FISHER Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 24 November 2020 Heard at: Dunedin/Otepoti Appearances: Mr P Sara for the appellant Mr C Light for the respondent Judgment: 9 Feb...
...authorities addressing wilful blindness on the part of bankers;6 Australian authority for the proposition that a lawyer who receives money on behalf of his client/trustee does not become trustee thereof;7 and the test framed by the New Zealand Court of Appeal for dishonest assistance on the part of a lawyer.8 Counsel submits Mr KD’s state of mind was not dishonest. It is submitted that Mr KD did not have actual knowledge or the requisite suspicion.9 [33] Dr WS sent a further e...
...sections. Policy 41 – Matching monitoring to risk Consider the risk of adverse environmental effects occurring and their likely magnitude when determining requirements for auditing and supply of monitoring information on resource consents. 47 Appeal to Environment Court by (i) Southland Fish and Game Council ENV-2018-CHC-000037 (ii) Federated Farmers of New Zealand ENV-2018-CHC-000040 (iii) Royal Forest and Bird Protections Society of New Zealand Incorporated ENV-2018-CHC-000050...
...New Zealand Limited & Ors v Otago Regional Council BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2020] NZEnvC 137 IN THE MATTER of the Resource Management Act 1991 AND of appeals under clause 14 of Schedule 1 to the Act BETWEEN OCEANA GOLD (NEW ZEALAND) LIMITED (ENV-2016-CHC-103) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2016-CHC-102) ENVIRONMENTAL DEFENCE SOCIETY INCOR...
...application was made, but its fate is not known. 4 Residence declined [17] On 22 June 2016, Immigration New Zealand declined the complainant’s application for residence. It was not satisfied that the partnership was genuine and stable. Mr Vole appealed the decision to the Immigration and Protection Tribunal, on behalf of the complainant. [18] The complainant and Mr Vole entered into a further agreement on 25 July 2016 covering representation for the appeal. The fee was $...
...for an order that Mr and Mrs LK sign the special resolution to allow the sale to proceed. [16] The High Court ordered Mr and Mrs LK sign the special resolution forthwith. Mr and Mrs LK complied, and the sale proceeded. [17] Mr and Mrs LK appealed to the Court of Appeal, but the Court declined leave for the appeal to proceed. [18] Mr and Mrs LK then appealed to the Supreme Court which quashed the order made by the High Court. The Court also recorded “that the LKs did not s...
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...