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1. [2022] NZACC 86 - Foster v ACC (11 May 2022) [pdf, 186 KB]

   ...award costs. (c) Review decision of 11 March 2021: dismissing the claim that there were two deemed decisions in Ms Foster’s favour. (a) 9 November 2020 review decision Background [2] Ms Foster was born in 1972, and she worked as a health care assistant. [3] On 20 May 2015, Ms Foster reported spinal pain following lifting at work. On 25 May 2015, Dr Willem Jordaan, GP, lodged a claim for lumbar sprain. Cover was granted and entitlements were paid. [4] On 9 May 2016, WellNZ,...

2. 2023-10-11-Rebuttal-Evidence-of-G-Eccles-Planning-Framework.pdf [pdf, 233 KB]

   ...balance of the Prouse property in accordance with the now-operative Tara-Ika Multi Use Zone provisions. 15. Such an access is not indicated on the Tara-Ika Structure Plan, meaning the formation of it would require a resource consent and would be carefully assessed, given it would represent a departure from the Structure Plan. 16. Ms Carter also makes reference to the modelled level of flooding that could occur in the north-western corner of the Prouse property in the vicinity...

3. Summary report on workshop feedback on ways to reduce cost compliance [pdf, 7.9 MB]

   ...of buyers’ agents is uncommon in real estate transactions, especially in rural areas. Younger real estate agents were seen to be more likely to struggle with CDD as they are establishing new client relationships. Participants recommend that careful consideration is given to the information for CDD to ensure it is clear and concise. Lawyers in Dunedin cited that not having a register of trusts is one of the biggest existing loop holes. The lawyer referenced that currently trust b...

4. TX & UX v XC Ltd [2024] NZDT 440 (1 May 2024) [pdf, 232 KB]

   ...permissible margin is fact dependent. 33. In this case I consider an overrun of 21% to be unreasonable for the following reasons: a. XC Ltd accepted that it had underestimated the original figure. While an estimate is not a fixed price or a quote, care must still be taken in providing figures that a reasonably accurate and which a consumer relies upon; b. XC Ltd expressed confidence in its pricing in a situation where it was aware of two lower quotes for the work. I accept XC Ltd...

5. Property sales and settlements guidance for lawyers during COVID-19

   ...may still be possible to complete a sale during Alert Level 4 where there is no movement of people, for example a rental property with tenants staying. At COVID-19 Alert Level 4: people can only move house under extreme circumstances, for example for care while sick or to seek refuge in a women’s refuge accommodation moving companies cannot operate real estate agency work can only be conducted by phone, video or email open homes and auctions cannot take place in person, but can happen virtua...

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6. Shaw - Tauwhao Te Ngare (2005) 81 Tauranga MB 8 (81 T 8) [pdf, 3.7 MB]

   Minute Book: 81 T 8 In the Maori Land Court of New Zealand Waikato Maniapoto District DECISION Introduction Files: A20030006815 A20040002194 IN THE MATTER an application by Donald Shaw under Section 18(1)(a) of Te Ture Whenua Maori Act 1993 with regard to the Tauwhao Te Ngare Block Donald Shaw is a trustee of the D and M Shaw Family Trust, which owns Lot 1 Deposited Plan South Auckland 82146 comprising 6.5125 hectares and described in Certificate of Title SA64D/511 (lith

7. Rec-Recap-Q3-2022.pdf [pdf, 691 KB]

   Recommendations Recap A summary of coronial recommendations and comments made between 1 July and 30 September 2022 Office of the Chief Coroner | 2022 (3) i Coroners’ recommendations and comments Coroners perform essential functions within our society. They inquire into a range of unexpected deaths to establish the identity of the person who has died and the cause and circumstances of their death. While inquiring into a dea

8. Evaluation of Waitakere & Manukau Family Violence Courts [pdf, 345 KB]

   ...Interviews 17 3.2 Outcome and sentencing study, and reconviction analysis 17 3.3 Limitations 17 3.4 Ethics and Safety 18 4 Operation of the Waitakere and Manukau Family Violence Courts 19 4.1 Hearings 19 4.2 Defended hearings 20 4.3 Victim advocacy 20 4.4 Protection Orders 21 4.5 Programmes, counselling and referrals 21 4.6 Monitoring programme attendance 23 4.7 Collaboration with community organisations 24 4.8 Resources 24 4.9 Case numbers 24 4.10 Disposal time 25 4.11 Charges by plea type 2...

9. LCRO 172/2015 and 173/2015 WL v XC and HF v XC (16 May 2019) [pdf, 269 KB]

   ...repeating the allegations in open court; and (d) there was media interest driven by Ms XC’s need for publicity. [18] Ms WL also submitted that Ms XC’s conduct breached r 13.8 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). 4 [19] Forming part of Ms WL’s complaint was a memorandum prepared by M partnership’s counsel Mr BB, in support of the partnership’s application for costs against Ms XC. Ms WL submitted that the memoran...

10. [2022] NZACC 8 – N v ACC (20 January 2022) [pdf, 303 KB]

    PURSUANT TO S 160(1)(b) ACCIDENT COMPENSATION ACT 2001 THERE IS A SUPPRESSION ORDER FORBIDDING PUBLICATION OF THE APPELLANT’S NAME AND ANY DETAILS THAT MIGHT IDENTIFY THE APPELLANT IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 008 ACR 037/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN N Appellant AND ACCIDENT COMPENSATION C