Search Results

1. [2022] NZEnvC 175 Greensmith v Auckland Council [pdf, 1.5 MB]

   ...lost the ability to enforce the fencing costs order against the neighbouring property; and (g) the Council's position was unmeritorious, because it failed to produce cogent and probative evidence to support the Abatement Notice, despite the requests from Ms Greensmith. Council's response [13] The Council responded to the application. Its response was supported by an affidavit from Jonathan Bruce Reddell, Principal Specialist at Auckland Council. The Council seeks tha...

2. Rzoska v Randell - Succession to Te Maehe [2023] Chief Judge's MB155 (2023 CJ 155) [pdf, 397 KB]

   ...presentation of the facts of the case to the Court or the Registrar. The Chief Judge may also make such other orders as, in the opinion of the Chief Judge, is necessary in the interests of justice to remedy the mistake or omission. [11] The applicant has requested that the Chief Judge cancel the order that is the subject of this application. In terms of Tau v Nga Whānau O Morven & Glenavy – Waihao 903 Section IX block[1] and Ashwell – Rawinia or Lavinia Ashwell (nee Russell...

3. [2022] NZACC 158 – Sua v ACC (16 August 2022) [pdf, 224 KB]

   ...excised and drained and has been treated with recurring visits to theatre for debridement and VAC dressings. He was brought forward again today for further debridement as the wound was quite mucky at the last wash out. [13] An ACC injury claim form was completed on 29 January 2020. It noted that the injury was caused as follows: Fiti was doing extra walking in new shoes which rubbed and caused abscess. [14] Following the lodging the claim for cover by the ward social worker on...

4. [2022] NZIACDT 20 - XZ v Liu (10 August 2022) [pdf, 206 KB]

   ...Code and was prepared to accept a finding of negligence. Additionally, he had offered to obtain MIQ spots for the complainant and his family free of charge by way of apology. [12] It was submitted that the complainant had suffered harm in the form of loss of income from employment and that this was attributable to Mr Liu’s incorrect advice that he could not return to New Zealand. However, the complainant had received the COVID- 19 wage subsidy between March and May 2020 and he...

5. [2021] NZACC 127 - Jones v ACC (11 August 2021) [pdf, 177 KB]

   ...1992 on the 1991 claim calculating the weekly compensation at $432.22 being 80% of Mr Jones’ total loss of earnings of $541.52. The Corporation considered Mr Jones’ arguments but was not prepared to recalculate his income as the limited information available did not demonstrate that the 11 March 1992 calculation was incorrect. [13] Mr Jones applied to review the 2017 decision. When this application was unsuccessful he filed an appeal to the Authority. 2018 Substantive Deci

6. [2022] NZEnvC 008 Pyle v Whangarei District Council [pdf, 991 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 agree that the agreed amendments to the Plan Change resolve the Pyle appeal in full; and (c) all parties are satisfied that all matters proposed for the court’s endorsement fall within the court’s...

7. [2021] NZACC 196 - Ambridge v ACC (8 December 2021 [pdf, 195 KB]

   ...decision of a Reviewer dated 5 November 2020. The Reviewer dismissed an application for review, declining jurisdiction in respect of the Corporation’s decision to revoke cover for a right-ankle fracture. 2 Background [2] Ms Ambridge (formerly Edwards) was born in 1960. At 18 months old, she suffered poliomyelitis. This primarily affected her right leg. In 1972, the condition led to surgical lengthening of the right leg. [3] On 24 July 1987, Ms Ambridge fell down som...

8. LCRO 173/2020 AZ v BX and CX (1 November 2021) [pdf, 178 KB]

   ...security held by the Trust. 3 [14] The copies of the documents and correspondence provided with the complaint give the detail of events from inception of the loans, to the sale of the nominee company mortgage. [15] There is no complaint form on the copy of the Standards Committee file provided to this Office, and consequently the outcome sought by Mr and Mrs BX is unknown. The Standards Committee determination [16] The issues identified by the Committee to be addressed w...

9. s-7-Report-Returning-Offenders-Management-and-Information-Amendment-Bill.pdf [pdf, 678 KB]

   ...been finally acquitted or convicted of, or pardoned for, an offence shall be tried or punished for it again. 27. For the reasons set out above, a determination under the Act will be regarded as a punishment. Offending in an overseas jurisdiction forms the basis for the determination under the Act and its consequences – an overseas conviction and a sentence of imprisonment are pre-conditions for a determination.9 The determination therefore amounts to a second penalty for the same offe...

10. J.4-Report-of-the-Attorney-General-under-the-New-Zealand-Bill-of-Rights-Act-1990-on-the-Parole-Amendment-Bill.pdf [pdf, 399 KB]

    ...times: (d) to submit, in accordance with the directions of a probation officer, to the electronic monitoring of compliance with his or her residential restrictions: (e) to keep in his or her possession the licence issued under section 53(3) and, if requested to do so by a constable or a probation officer, must produce the licence for inspection. Second penalty 13. Section 26{2) of the Bill of Rights Act provides no-one finally convicted of an offence shall be tried or punished for it...