Search Results

1. 2021-06-15 OWRUG - MOC - Submissions in response to Amicus Curiae memorandum [pdf, 152 KB]

   ...equivalent to the existing deemed permit priority regime can, and if so, should be reflected in any water take permits granted under Plan Change 7. 4. In that context, the question of whether the priorities under the deemed permits continue in any form after the 1st of October 2021 is not germane to the point that OWRUG wishes the Court to consider. OWRUG’s case is that it is necessary for a method equivalent to the existing priority regime to be included in PC7 permits if longe...

2. [2022] NZEmpC 175 Invacare New Zealand Ltd v Pyne [pdf, 193 KB]

   ...out of time. An application for leave was filed nine days after the statement of claim was served on the company. [9] The documentation before the Court reveals that the company had written to Mr Pyne’s representative on 30 June 2022 requesting bank details for payment of remedies. On 4 July 2022, a day before the last day for filing, Mr Pa’u, Mr Pyne’s representative, emailed Ms Butcher advising that a non-de novo challenge had been filed in relation to remedies and...

3. [2022] NZREADT 21 - Wei v REAA (14 October 2022) [pdf, 93 KB]

   ...Section 55 of the Act provides the process the Registrar must follow when cancelling a licence: 55 Process for cancellation (1) The process for cancellation of a licence, other than by determination of the Tribunal under section 110 or at the request of the licensee under section 54(b), is as follows: (a) the Registrar must give the licensee written notice of the Registrar’s intention to cancel the licence; and (b) the notice must— (i) contain or be accompanied by a statement...

4. NC v Accident Compensation Corporation (Late Filing of Appeal) [2022] NZACC 192 [pdf, 158 KB]

   ...decision of 6 July 2021 declining entitlement to funding of methylphenidate. The Reviewer noted that the application for review was dismissed for a failure by the appellant to provide the information which the Corporation was entitled 2 to request and for an unreasonable failure to comply with the provisions of the Act. (b) ACR 148/22 dated 22 November 2021. The Reviewer dismissed an application for review of the Corporation’s decision of 9 June 2021 declining cover for...

5. Wray v Heath - Ongaonga No 1G Sec 2 (2022) 247 Waikato Maniapoto 250 (247 WMN 250) [pdf, 222 KB]

   ...member of the trust. However, they clearly had a change of heart by the time the application was filed in early 2022. The critical factor for the Court is whether they consent to being appointed, and this was clarified with the trustee consent forms filed with the Court. [25] Ultimately the blurred lines, misunderstanding of the law, and the lack of process led to the relationship breakdown. In my view these were collective issues, with equal culpability. [26] The fundamen...

6. Hughes v Accident Compensation Corporation (Costs) [2023] NZACC 028 [pdf, 159 KB]

   ...the Corporation for a back sprain injury, and this claim was registered. 2 [3] On 3 March 2017, Mr J Evison, Orthopaedic Surgeon, diagnosed Mr Hughes with a disc prolapse caused by the cricket incident. Mr Evison proposed surgery in the form of a L4/5 discectomy. [4] On 26 July 2017, the Corporation advised Mr Hughes that it would not fund the proposed surgery. On 26 June 2018, a Reviewer, dismissed Mr Hughes’ application for review of the Corporation decision. The Revi...

7. [2023] NZEnvC 036 Wellington City Council v Liffey Street Limited [pdf, 112 KB]

   ...submission that it is appropriate that a costs award in the sum of $3,500 be made jointly and severally against the Respondents. I go further and observe that in light of tl1e Respondents' failure to comply with two abatement notices and Council requests made on a series of inspections it was seriously arguable that an award of full costs was appropriate. The Council has been generous to tl1e Respondents in limiting its claim to two thirds 7 of actual costs. Outcome [16...

8. [2022] NZEnvC 132 Channel Infrastructure NZ Limited v Northland Regional Council [pdf, 11 MB]

   ...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; 5 (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 parti...

9. Beauchamp v B & T Co (2011) Ltd (Costs) [2022] NZHRRT 30 [pdf, 105 KB]

   ...basis. [11] The primary submissions made by the Director in support of the application are: [11.1] Prior to filing her proceedings the plaintiff made an offer to settle the matter on a without prejudice save as to costs basis. That offer included a request for global compensation in the amount of $35,000. Failure by the defendants to respond to this pre-litigation offer is said to have been unreasonable. [11.2] The defendants applied (unsuccessfully) for their names to be suppressed....

10. [2022] NZEnvC 066 Espin Holdings NZ Limited v Auckland Council [pdf, 209 KB]

    ...[1] 2 Holdings NZ Limited (Espin NZ) by Auckland Council to establish and operate two digital billboards on an existing building at 135 Wairau Road, Glenfield. Espin NZ have appealed one condition, Condition 8. The two billboards will be formed in the shape of curved ‘V’ so that only one board can be viewed at any one time. One of the boards will face northbound traffic on Wairau Road; the other will face south and eastbound traffic on Wairau Road. Two submissions were...