Search Results

1. Poihegatama v Accident Compensation Corporation (Leave to Appeal to High Court) [2024] NZACC 196 [pdf, 264 KB]

   ...compensation since his injuries were sustained in 2009. The Corporation has provided a range of rehabilitation and entitlements over time, including related to his level of fitness and overall health, as well as transport for independence. [5] In 2014 Mr Poihegatama first requested Transport for Independence (TFI) assistance from the Corporation. An initial TFI assessment was completed on 28 April 2014 by Ms Angela Bellett, Occupational Therapist. [6] On 12 June 2014, the Corp...

2. BORA Ombudsmen (Protection of Name) Amendment Bill [pdf, 152 KB]

   ...consistent with the rights and freedoms affirmed in the Bill of Rights Act. In reaching that conclusion, we considered the Bill’s consistency with s 14 (freedom of expression), the freedom most obviously affected. The intended effect of the Bill 3. Clause 5 of the Bill if enacted will replace s 28A of the Ombudsman Act 1975 (the Act). 4. The existing s 28A says that no person may use the name ‘Ombudsman’ in connection with any business, trade, occupation or services unless th...

3. [2023] NZEnvC 273 Meridian Energy Ltd v Mackenzie District Council [pdf, 437 KB]

   PC18 MACKENZIE DISTRICT PLAN IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 273 IN THE MATTER of the Resource Management Act 1991 AND appeals pursuant to clause 14 of the First Schedule of the Act BETWEEN MERIDIAN ENERGY LIMITED (ENV-2021-CHC-091) … (continued on separate page) Appellants AND MACKENZIE DISTRICT COUNCIL Respondent Environment Judge J J M Hassan – sitting alone under s279 of the Act...

4. [2018] NZEmpC 79 Hines v Eastland Port Ltd [pdf, 513 KB]

   ...circumstances. (c) Whether any defects in the process followed by EPL resulted in Captain Hines being treated unfairly. (d) Whether EPL’s decision to put Captain Hines under the supervision of Captain Kaye, who was the other pilot employed by EPL, from 5 April 2017 was an unjustifiable action causing disadvantage. (e) Whether EPL’s decision to relieve Captain Hines from vessel piloting duties from 19 May 2017 was an unjustifiable action causing disadvantage. (f) Whether C...

5. Wilson v Welch [pdf, 53 KB]

   ...plans but advised it had been built by the time the final inspection was done and the inspector had actually stood on the deck inspecting the property and had commented on it. He believed he had fulfilled his responsibilities and undertakings in clause 6 of the agreement for sale and purchase and therefore was not liable in contract. [35] In relation to the claim in tort, Mr Welch denied that he was the builder or developer of the property. He advised that the house had bee...

6. [2018] NZEnvC 220 Middleton Family Trust v Queenstown Lakes District Council [pdf, 4.1 MB]

   ...z: '" ;;;.' '.' BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC 220 of the Resource Management Act 1991 . of an appeal pursuant to clause 14 of Schedule 1 of the Act of the Act MIDDLETON FAMILY TRUST AND OTHERS (ENV-2018-CHC-94) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Hearing: In Chambers at Christchurch Su...

7. [2019] NZEmpC 130 Packwood v ANZ Bank New Zealand Ltd [pdf, 494 KB]

   HELEN PACKWOOD v ANZ BANK NEW ZEALAND LIMITED [2019] NZEmpC 130 [23 September 2019] IN THE EMPLOYMENT COURT OF NEW ZEALAND WELLINGTON I TE KŌTI TAKE MAHI O AOTEAROA TE WHANGANUI-A-TARA [2019] NZEmpC 130 EMPC 65/2019 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application to strike out proceedings AND IN THE MATTER of an application for leave to extend time to

8. Pomare v Pomare - Utakura No 8 (2016) 140 Taitokerau MB 39 (140 TTK 39) [pdf, 230 KB]

   140 Taitokerau MB 39 IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20150004107 UNDER Section 18(1)(a), Te Ture Whenua Māori Act 1993 IN THE MATTER OF Utakura No. 8 BETWEEN FRED POMARE Applicant A20150001238 UNDER Section 18(1)(a), Te Ture Whenua Māori Act 1993 IN THE MATTER OF Utakura No. 8 AND BETWEEN WIREMU POMARE Applicant Hearing: 24 September 2015 27 January 2016 (Heard at

9. Witana v Cutforth - Kohewhata 27C2A (2021) 238 Taitokerau MB 150 (238 TTK 150) [pdf, 285 KB]

   ...Running Ltd [1979] 2 NZLR 750 at 753. 238 Taitokerau MB 155 [22] Part 5.4 of the ORT trust order addresses conflicts of interest. This provides: 5.4 Conflict of interest 5.4.1 Notwithstanding any rule of law to the contrary and subject to clauses 5.4.2 and 5.4.3 no trustee shall be disqualified from being appointed or holding office as trustee by reason only of a conflict of interest. 5.4.2 Where a trustee has a conflict of interest: (a) That trustee shall disclose the nat...

10. Williams v Trustees of Parahirahi C1 (2005) 37 Kaikohe MB 212 (37 KH 212) [pdf, 6.5 MB]

    ...Sections 238 and 338(6), Te Ture Whenua Maori Act 1993 and Rule 21 Maori Reservations Regulations 1994 IN THE MA TIER OF Parahirahi C I BETWEEN MEREANA WILLIAMS, MAATA LEE AND W AIOROORO PENE AND 28 July 2004 (Heard at Kaikohe) 20 December 2005 Applicants THE TRUSTEES OF P ARAHIRAHI C I TRUST Defendant JUDGMENT OF JUDGE C L WICKLIFFE [I] This has been a difficult, litigious and fractious case to hear and write about. It has been characterised by accusation, response, a...