Search Results

1. Herewini - Te Tii Mangonui A3 [2020] Maori Appellate Court MB 54 (2020 APPEAL 54) [pdf, 238 KB]

   ...interests in the whānau trust by amending the 1998 order to include these additional interests. We hold this view for several reasons: (a) Rangimarie herself wanted all of her Māori land interests to be dealt with in the same way. These interests formed part of her residual estate. She did not leave instructions in her will that some of her interests should be succeeded to in one way, and some in other ways. (b) Even before the application to succeed to Rangimarie’s Māori la...

2. Disclosure Statement Criminal Cases Review Commission Bill [pdf, 300 KB]

   ...a full pardon. It is expected that the occasion for exercise of those powers will be rare. In the rare case where the exercise of the Royal prerogative of mercy is being considered, the Minister of Justice (as the Governor-General’s adviser) may request the Commission’s opinion on any matter relevant to the case. There will be a transitional period during which applications to the Governor-General made before the establishment of the Commission are completed. The transitional arrange...

3. [2022] NZACC 33 - Hristovski v ACC (10 March 2022) [pdf, 336 KB]

   ...January declining your application as: - Your injury is not permanent or stable. - Your GP has not certified a change in your level of functioning since the last assessment. - You amended the medical certificate yourself, ACC can only accept a form completed by a medical practitioner. [10] In a further letter dated 25 August 2020 to the appellant, the respondent said: We have received your application for permanent injury compensation. We have decided that you are not eligible...

4. 2021-11-30 ORC PC1 - [2021] NZEnvC 185 - Final Decision on Dust Suppressants [pdf, 328 KB]

   ..._______________________________________________________________ DECISION OF THE ENVIRONMENT COURT _______________________________________________________________ A: Amend Plan Change 1 as set out in ‘Annexure 1: Plan Change 1 (Dust Suppressants) Provisions’ attached to and forming part of this decision. 2 REASONS Introduction [1] The Regional Plan: Waste for Otago (‘the Waste Plan’) was made operative in 1997 and has not been amended or reviewed under s79 of the...

5. [2021] NZEnvC 185 Otago Regional Council [pdf, 328 KB]

   ..._______________________________________________________________ DECISION OF THE ENVIRONMENT COURT _______________________________________________________________ A: Amend Plan Change 1 as set out in ‘Annexure 1: Plan Change 1 (Dust Suppressants) Provisions’ attached to and forming part of this decision. 2 REASONS Introduction [1] The Regional Plan: Waste for Otago (‘the Waste Plan’) was made operative in 1997 and has not been amended or reviewed under s79 of the...

6. [2022] NZEmpC 107 JKL v Stirling Andersen Ltd [pdf, 272 KB]

   ...the information was embarrassing and unwelcome to the plaintiff, embarrassment is not a specific adverse consequence sufficient to displace the fundamental principle of open justice. [34] Finally, the Authority also rejected the plaintiff’s request that their name not be published. It was determined that non-publication of their name was not an appropriate outcome for the same reasons given for not suppressing the information of concern identified by the plaintiff. Su...

7. [2022 NZACC 59 – McPhail v ACC (12 April 2022) [pdf, 328 KB]

   ...no danger here because the Corporation’s own records are not challenged. He says the appellant relies on these documents. [38] I turn to consider the documents made available to the Court. [39] The starting point is the ARTP which is a request to the Corporation for funding for surgical treatment. Treatment is an entitlement. There can be no entitlement without a covered injury.13 [40] Mr Tomlinson diagnosed the condition needing surgery as post traumatic osteoarthritis...

8. [2022] NZEnvC 262 Manawa Energy Limited v Marlborough District Council [pdf, 932 KB]

   ...RMA, such order being by consent, rather than representing a decision or determination on the merits pursuant to s297. The court understands for present purposes that: 2 (a) all relevant parties to the proceedings have executed the memorandum requesting this order; Consent memorandum dated August 2022 at [7]-[8], [10]. 4 (b) all relevant parties are satisfied that all matters proposed for the court's endorsement fall ·within the court's jurisdiction, and conform to t...

9. [2022] NZEmpC 216 Caisteal An Ime Ltd v Faithfull [pdf, 240 KB]

   ...about catching the virus. [12] Ms Faithfull asked a company director, Lyndal Angus, for time off so that she did not have to work while the ship was in Akaroa. Ms Angus, who was responsible for preparing work rosters, approved Ms Faithfull’s request for leave. Shortly afterwards lockdowns were introduced by the Government as a pandemic response followed by a wage subsidy. [13] The catalyst for the subsequent dispute between Ms Faithfull and the company was an email by...

10. Gemmell v Phillips - Mohaka A4B (2023) 103 Takitimu MB129 (103 TKT 129) [pdf, 264 KB]

    ...Ngāti Pahauwera Development Trust is frustrated because the respondents have prevented the licensee from effectively utilising the relevant part of the Mohaka A4B block. [5] The trustees filed the injunction applications on 22 July 2022. They requested that the applications be heard in Hastings, which was granted on 22 August 2022. The applications were first heard in Hastings on 3 November 2022, and were adjourned part heard. The hearing was completed on 31 January 2023. I adj...