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1. Memorandum of counsel in support of waivers [pdf, 221 KB]

   ...Except as expressly provided in this Act, the Environment Court may regulate its own proceedings in such manner as it thinks fit. (1A) However, the Environment Court must regulate its proceedings in a manner that best promotes their timely and cost-effective resolution. (2) Environment Court proceedings may be conducted without procedural formality where this is consistent with fairness and efficiency. …" (emphasis added). (b) Section 267(1), relating to the conve...

2. Kake - Estate of Aldyth Kake (2020) 209 Taitokerau MB 134 (209 TTK 134) [pdf, 294 KB]

   ...paid for some extensions. While there is no direct evidence on the proportion of funds contributed, it is clear that Aldyth paid the majority of the funds. [23] The house was built for both Ngutana and Aldyth. They both contributed to the costs, though in different amounts. They both lived in the house, it was their family home. An occupation order was granted by the Court providing them both with exclusive use and occupation of the house site. There is no evidence to suggest...

3. Memorandum of counsel in support of waivers 9 April 2020 [pdf, 250 KB]

   ...Except as expressly provided in this Act, the Environment Court may regulate its own proceedings in such manner as it thinks fit. (1A) However, the Environment Court must regulate its proceedings in a manner that best promotes their timely and cost-effective resolution. (2) Environment Court proceedings may be conducted without procedural formality where this is consistent with fairness and efficiency. …" (emphasis added). (b) Section 267(1), relating to the conve...

4. [2020] NZIACDT 20 - QM v Ng (14 May 2020) [pdf, 163 KB]

   ...(e), and 28(c) of the Code. SUBMISSIONS ON SANCTIONS [65] As the complaint has been upheld, the Tribunal may impose sanctions pursuant to s 51 of the Act. [66] A timetable is set out below. Any request for repayment of fees or the payment of costs or expenses or for compensation must be accompanied by a schedule particularising the amounts and basis of the claim. 13 Timetable [67] The timetable for submissions will be as follows: (1) The Registrar, the complainant an...

5. Decision Document - Mental Health Rosters [pdf, 448 KB]

   ...who receives instructions outside his or her rostered week may (if available) act for that patient. Where the patient wishes to retain the same lawyer, the lawyer may attend the patient at another location, subject to LAS approval of any travel costs. Appendix One – Guidelines Mental Health Roster 3 The lawyer’s roster obligations A provider shall: a) confirm availability to LAS at least 24 hours before their rostered week b) arrange a rostered replacement if...

6. [2020] NZIACDT 23 - Y(O)R v Tian (8 June 2020) [pdf, 135 KB]

   ...requests that Ms Tian undertake training should specify the precise course suggested. She is asked to send the Tribunal the certificate of completion of the “program” undertaken in June 2019. Any requests for repayment of fees or the payment of costs or expenses or for compensation must be accompanied by a schedule particularising the amounts and basis of the claim. Timetable [70] The timetable for submissions will be as follows: (1) The Registrar, the complainant and Ms...

7. [2019] NZEmpC 173 Allied Investments Ltd v Flowers [pdf, 387 KB]

   ...only dealt with whether the agreement satisfied the Act but reserved leave to deal with remedies at a later time. At the request of counsel, I reserve leave for either party to apply to have remedies determined if they cannot be agreed. [48] Costs are reserved. If they are to be sought memoranda may be filed and directions will be issued for an exchange of submissions. K G Smith Judge Judgment signed at 3.40 pm on 25 November 2019...

8. [2021] NZACC 13 - Dash v ACC (12 January 2021) [pdf, 180 KB]

   ...the weight of the evidence before the Court is that Mr Dash’s need for surgery does not arise as a consequence of his covered injuries. Decision [78] Accordingly, the appeal is dismissed. ACR 61-19-Dash [79] There is no issue as to costs. Judge Denese Henare District Court Judge Solicitors: Fletcher Vautier Moore, Nelson for the respondent

9. [2021] NZEmpC 201 Cronin-Lampe v Board of Trustees of Melville High School [pdf, 269 KB]

   ...for consideration, I conclude the Employment Court does have jurisdiction to hear this proceeding; it is not a case where Mr and Mrs Cronin-Lampe should now be required to exercise further review or appeal rights under the Act. [62] I reserve costs. B A Corkill Judge Judgment signed at 11.00 am on 18 November 2021

10. [2021] NZACC 118 - Baker v ACC (3 August 2021) [pdf, 313 KB]

    ...appellant has failed to prove, on the balance of probabilities, that the respondent’s decision of 31 August 2018, determining that he had achieved vocational independence, is wrong. I therefore dismiss the appeal. [105] There are no issues as to costs. Judge C J McGuire District Court Judge Solicitors: Medico Law, Auckland for the respondent