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1. DN v Accident Compensation Corporation (Jurisdiction) [2023] NZACC 75 [pdf, 164 KB]

   ...mitigate this harm by adopting an interpretation … that was unsupported by its [the Accident Compensation Act 2001] language and purpose. 1 Accident Compensation Corporation v Algie [2016] NZCA 20 at [28] 2 At [38]. [39] Having listened carefully to what the appellant has put before the Court, I can only agree that from his perspective the harm done to him has not been adequately remedied. [40] As I endeavoured to explain to the appellant at the hearing, I have no power to st...

2. [2024] NZEnvC 031 Friends of Conical Hill Inc v Hurunui District Council [pdf, 229 KB]

   ...satisfied that the orders were necessary to protect the location of significant habitat for threatened and at risk indigenous species, and that this outweighed the need for an open hearing. [9] I have therefore considered this media application carefully within that context, weighing the desirability of open justice and the important role the media plays in that against the need to ensure that the confidentiality orders are upheld. [10] In this instance and given that the confiden...

3. DN v Accident Compensation Corporation (Jurisdiction) [2023] NZACC 75 [pdf, 164 KB]

   ...mitigate this harm by adopting an interpretation … that was unsupported by its [the Accident Compensation Act 2001] language and purpose. 1 Accident Compensation Corporation v Algie [2016] NZCA 20 at [28] 2 At [38]. [39] Having listened carefully to what the appellant has put before the Court, I can only agree that from his perspective the harm done to him has not been adequately remedied. [40] As I endeavoured to explain to the appellant at the hearing, I have no power to st...

4. LCRO 91/2017 DV v LS and HS (19 December 2018) [pdf, 415 KB]

   ...promptly and within the limitation period which applied to proceedings in the District Court. That period expired on 20 November 2011, which was ten years after the [City] Council had issued its CCC. [18] The reason for taking this step was to protect Mr LS’s and Mrs HS’s overall litigation position. This was because although Mr LS had lodged, and Mrs HS was about to lodge, a claim for adjudication with the WHRS, there was no certainty that those claims would be accepted by th...

5. [2018] NZEnvC 190 Jacks Point v Queesntown Lakes District Council [pdf, 7.1 MB]

   ...of a proposed plan would have 14 15 ,. Joint Parties' submissions, at [45] . For example, as again enunciated recently in Toomey v Thames-Coromandel District Council [2017] NZEnvC 199, at [14] (Judge Kirkpatrick) ; Royal Forest and Bird Protection Society of New Zealand Inc v Southland District Council [1997] NZRMA 408 at 41 3 (HC). Simons Hill Station LId v Royal Forest and Bird Protection Society of New Zealand Inc. [2014] NZRMA 501 at [39] (HC). 10 no cause to appeal....

6. Wernham v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 022 [pdf, 315 KB]

   ...Dr Jacobs advised that Mr Wernham’s potential chemical exposure during his work had to be considered to be the primary cause of his cancer, as he was likely to have been exposed to a number of carcinogens in his work despite the attempts at protection. Dr Jacobs recommended that Mr Wernham lodge a claim for a WRGPI. [6] On 12 November 2020, Dr Peter Moore, on behalf of Mr Wernham, lodged a claim with the Corporation for a WRGPI. The claim was for cancer of the bladder. The...

7. [2007] NZEmpC AC 13/07 Red Beach School Board of Trustees & Ors v New Zealand Education Institute (Inc) [pdf, 135 KB]

   ...it was clear to me from the evidence that there is a mutually respectful, cooperative and supportive relationship between the teachers and the teacher aides. It was equally apparent that these people display an admirable level of commitment to caring for and educating the special needs children. All of the teacher aides who gave evidence said that they greatly enjoyed their work. The special needs children at Red Beach School [24] I was given a great deal of evidence abo...

8. LCRO 50/2020 M and N PQ v WR (23 April 2021) [pdf, 276 KB]

   ...the Act allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [50] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that neces...

9. [2015] NZEnvC 191 Tram Lease v Auckland Transport and Auckland Council [pdf, 2.9 MB]

   ...Sensitive Noise and Vibration Receivers Receivers that may be disturbed during rest, concentration, communication or prayer. For these designations these include (but are not limited to): • Dwellings • Offices • Schools, including Child Care Centres and tertiary facilities • Libraries • Hospitals • Rest Homes • Marae and other Cultural Centres • Churches • Hotels or other accommodation facilities ----+------j------------- These include site specific c...

10. MacGregor v Craig [2016] NZHRRT 6 [pdf, 226 KB]

    1 (1) NOTE ALL NON-PUBLICATION ORDERS MADE BY THE TRIBUNAL HAVE BEEN RESCINDED AND NO LONGER APPLY (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE TRIBUNAL OR OF THE CHAIRPERSON IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2016] NZHRRT 6 Reference No. HRRT 040/2015 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN RACHEL MACGREGOR PLAINTIFF AND COLIN CRAIG DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson