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  1. Sanders v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 163 [pdf, 170 KB]

    ...such that his weekly compensation for the ensuing week should remain suspended. Conclusion [45] For the above reasons, the appeal is allowed, and the review decision dated 7 February 2023 is set aside. 11 [46] Mr Sanders is entitled to costs. If these cannot be agreed within one month, I shall determine the issue following the filing of memoranda. P R Spiller District Court Judge Solicitors for the Respondent: Izard Weston.

  3. Smith v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 123 [pdf, 226 KB]

    ...ensure the proper use of scarce judicial resources 3 T v Accident Compensation Corporation [2009] NZACC 213. 11 and the finality of litigation. This Court is not satisfied as to the wider importance of any contended point of law. [35] Costs are reserved. Judge P R Spiller, District Court Judge 4 See, for example, Gruar v Accident Compensation Corporation [2004] NZACC 343, at [16]; Fowler v Accident Compensation Corporation [2005] NZACC 367, at [14]; a...

  4. 2023-10-10-Rebuttal-Evidence-of-N-Keenan-Stormwater.pdf [pdf, 255 KB]

    ...event, the local criteria must be adhered to”. 36. In my opinion, continuous ongoing water quality monitoring and data collection to determine that a stormwater management system performs an acceptable removal rate is too complex (and likely costly) to be justified for the potential effects that may be managed. If monitoring was simple and cheap, and provided benefit to the environment by addressing adverse effects, then this would be a part of current best practice. But it is...

  5. TD v SS & UU [2023) NZDT 318 (20 July 2023) [pdf, 124 KB]

    ...on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determination of the appeal, award such costs to either party as it sees fit. Enforcement of Tribunal Decisions If the Order or Agreed Settlement is not complied with, you can apply to the Collections Unit of the District Court to have the order enforced. Application forms and in...

  6. [2023] NZEmpC 118 Halse v Hamilton City Council [pdf, 209 KB]

    ...have not been made out. A fair-minded observer would not reasonably apprehend that Judge Holden might not bring an impartial mind to the resolution of the residual issues in these proceedings.23 The application is accordingly dismissed. [27] Costs are reserved. Christina Inglis Chief Judge Judgment signed at 11.30 am on 7 August 2023 22 Saxmere, above n 4, at [4]. 23 At [3].

  7. [2024] NZREADT 09 – WQ v REAA & NN (2 April 2024) [pdf, 152 KB]

    ...bank informed her. The vendors provided her with two thermal imaging reports which did not identify any problems.1 The bank then informed her it would not provide finance until work was completed on the cladding. The immediate works would have cost $104,000 and $300,000 was likely required in the future for recladding. Fortunately, she was able to find alternative finance to complete the purchase. [18] An explanation was provided by the licensee to the Authority on 6 April 2023. Sh...

  8. Bowdler - Waikawa Village Section 26A (2024) 85 Te Waipounamu MB 32 (85 TWP 32) [pdf, 339 KB]

    ...the rear. [8] Jeffrey Bowdler has already started building a house on the block, in the area proposed as Lot 2 with the applicant’s consent. He submitted that waiting to build would have been likely to result in significantly increased building costs. [9] Telfer Young provided a market valuation on 4 October 2022. The valuation makes it clear that the Māori freehold status of the land affects the market value due to the restrictive sale and development criteria imposed by the Act...