Search Results

1. Flutey - Papatupu 3B2B (2023)466 Aotea MB 212 (466 AOT 212) [pdf, 288 KB]

   ...2023 to ascertain the relative positions of the parties. [16] Prior to that judicial conference Ms McDonald filed a written response, in effect stating that the engagement with the various land entities was challenging. As a result, Ms Mcdonald requested intervention from the Court to facilitate a process to address internal issues for the relevant land trusts. [17] At the judicial conference on 21 February 2023 Ms McDonald conceded that they had not been able to get to a point whe...

2. [2022] NZACC 63 - Fraser v ACC (14 April 2022) [pdf, 180 KB]

   ...in lodging these appeals in time, and that Mr Fraser’s mental injuries and personal circumstances (recovering from surgery, then selling the family home, packing up his belongings and moving to a new home) 4 all took its toll. Ms Koloni requested that the notices of appeal be accepted in the context of the Spirit of the Code (a partnership of utmost good faith) that Mr Fraser had with the Corporation. [9] On 13 April 2022, Mr McBride for the Corporation submitted that the in...

3. [2022] NZEmpC 139 Zhang v Panda Restaurant Ltd [pdf, 205 KB]

   ...D Fleming and S Beshay, counsel for applicant No appearance for respondents Judgment: 9 August 2022 JUDGMENT OF JUDGE K G SMITH [1] Jian Zhang has applied for a freezing order relating to the proceeds of sale of his former employer, Panda Restaurant Ltd, or its assets. [2] The basis for the application is that Mr Zhang has lodged a claim in the Employment Relations Authority alleging that he was required to pay a premium to secure employment with Panda

4. McGarvey - Lot 23 Deposited Plan South Auckland 1846 (2022) 279 Waiariki MB 75 (279 WAR 75) [pdf, 233 KB]

   ...share. The applicant submitted that if her and her whānau are to expend the costs of demolishing and replacing the house, they need security of tenure. After discussions with counsel and other whānau members, they say the best approach is to form an ahu whenua trust, with Frances Raimona as the named beneficiary, and ask the Court to grant an occupation order over the house and property in favour of the applicant with the ability of it to be succeeded to. The applicant contends...

5. [2021] NZACC 64 - Kingi v ACC (20 April 2021) [pdf, 167 KB]

   ...HENARE [Entitlement to surgery Section 64 and Schedule 1 Accident Compensation Act 2001] ____________________________________________________________________ [1] The appellant, Airini Kingi challenges a decision of the Corporation declining a request for funding for surgery, a tendon transfer tibialis posterior repair of her right ankle. [2] The Corporation declined the request on the basis the condition requiring surgery was not caused by Ms Kingi’s covered injury suffered o...

6. [2021] NZACC 37 - Hood v ACC (18 February 2021) [pdf, 152 KB]

   ...However, in Mr Hood’s situation where the supraspinatus is the only muscle working, this may well be enough to tip the balance leading to the ongoing symptoms. Further Evidence Following Hearing [18] Following the hearing on 8 June 2020, I requested that a second opinion be sought from a Radiologist to clarify the status of the “suspected arterial border tear of the supraspinatus” noted by the reporting Radiologist on the MRI scan and by Mr Hong. [19] A report was pro...

7. [2022] NZEmpC 190 Te Whatu Ora – Health New Zealand v Culturesafe NZ Ltd (in liq) [pdf, 252 KB]

   ...“matters” removed from the Authority. The plaintiff had previously admitted that there was no such “matter”. [17] Mr Halse said he had not submitted to the jurisdiction of the Court. He had protested jurisdiction throughout, pointing out formally that these proceedings should never have been issued. [18] The attempt to have the Court extend its and the Authority’s jurisdiction was contemptuous of the authority of Parliament. [19] These points were developed in submis...

8. BORA-Vet-advice_-SIGNED-with-coda-Firearms-Prohibition-Order-Legislation-Amendment-Bill-Consistency-to-NZBORA-15-February-2024-for-publication.pdf [pdf, 5 MB]

   ...the Bill of Rights Act, the Bill is still subject to active consideration that, in our opinion, would remove the inconsistency. For that reason, we have not prepared a drafts 7 report. We will prepare any report that is required as soon as the final form of the Bill is determined. Level 2 Justice Centre, 19 Aitken Street, Wellington 6011 I PO Bo~ 2858 or DX SP20208, Wellington 6140, New Zealand I +64 4 472 1719 I crownlaw.govt.nz 7742488 2 Background The Bill 6. The Bill seeks...

9. [2023] NZEnvC 050 Royal Forest and Bird Protection Society of New Zealand Incorporated v Northland Regional Council [pdf, 299 KB]

   ...the Act, such order being by consent, rather than representing a decision or determination on the merits pursuant to section 297. The Court understands for present purposes that: (a) all parties to the proceedings have executed the memorandum requesting this order; (b) all parties are satisfied that all matters proposed for the Court’s endorsement fall within the Court’s jurisdiction, and conform to the relevant requirements and objectives of the Act including, in particular,...

10. 05.-Evidence-of-Mr-Lindsay-Poutama-Ngati-Tukorehe.PDF [PDF, 221 KB]

    ...every step of the journey to ensure that we are being good partners, and the project still reflects the values that we have stated as being important to us and that there is a process to evaluate the lessons learned. 21. These Kaupapa Timu then informed the CEDF's fundamental Project tikanga / values, which I also developed together with Ms Rump. These values have since evolved, and in their current form are: (a) Te Tiriti (spirit of partnership); (b) Rangātiratanga (lead...