Search Results

1. FMI v Accident Compensation Corporation (Claim for Cover for Mental Injury) [2025] NZACC 062 [pdf, 375 KB]

   ...at: Wellington/ Te Whanganui-A-Tara Appearances: Ms L Newman for the Appellant Mr T Lynskey for the Respondent Judgment: 14 April 2025 ___________________________________________________________________________ RESERVED JUDGMENT OF JUDGE JACQUI CLARK Claim for cover for mental injury s 21 Accident Compensation Act 2001 ___________________________________________________________________________ Introduction [1] Without doubt FMI has suffered an extremely traumatic...

2. [2025] NZEmpC 161 Chief of Defence Force v YFX [pdf, 311 KB]

   ...Defendant Hearing: 9-12 December 2024 (Heard at Wellington) Appearances: J P A Boyle and I Kitchin, counsel for plaintiff A Mapu and A De La-Cruz, advocates for defendant Judgment: 1 August 2025 JUDGMENT OF JUDGE K G SMITH [1] YFX began working as a civilian employee of the Chief of the Defence Force (NZDF) on 10 November 2008. In 2009, she was promoted to be enquiries team leader and acting supervisor. In November 2014, a restructuring...

3. Lawrence v Accident Compensation Corporation (Claim for personal injury) [2025] NZACC 167 [pdf, 290 KB]

   ...the Court to draw robust inferences of causation in some cases of uncertainty -- see para [32] above. However, a court may only draw a valid inference based on facts supported by the evidence and not on the basis of supposition or conjecture … Judges should ground their assessment of causation on their view of what constitutes the normal course of events, which should be based on the whole of the lay, medical, and statistical evidence, and not be limited to expert witness evidence...

4. [2023] NZEmpC 144 Cronin-Lampe v The Board of Trustees of Melville High School [pdf, 847 KB]

   ...at Hamilton and Auckland and via VMR) Appearances: T Braun and E Anderson, counsel for plaintiffs PN White and L Fernandez, counsel for defendant S Bisley, counsel for intervener Judgment: 30 August 2023 JUDGMENT OF JUDGE B A CORKILL INDEX Introduction [1] The history of the litigation [10] Pleadings Factual assertions Legal assertions: personal grievances Contractual causes of action [18] [19] [29] [36] Issues [43] The scope...

5. [2024] NZEnvC 022 WST Company (2016) Limited [pdf, 1.3 MB]

   ...WSEC, we can only imagine it would be much louder and more unpleasant for our neighbours who live a lot closer to the site. [60] This complaint was not unique in the evidence before us. The noise of bells 25 and sometimes car horns used by judges, and the noise from the PA was a common issue for nearby residents. This adverse effect was described to us in terms of both the volume and the character of the sound which interfered with neighbours’ enjoyment of the amenity val...

6. [2018] NZEnvC 066 Hamilton City Council [pdf, 20 MB]

   ...of the Local Government Act 1974 of a proposal by the HAMILTON CITY COUNCIL to stop part of Ruakura Road and part of Percival Road in Ruakura, Hamilton pursuant to s 342 and Schedule 10 of the Act (E NV -2017 -AKL -000165) Court: Environment Judge M Harland Environment Commissioner JA Hodges Environment Commissioner SK Prime Hearing: Hamilton, 19 and 20 February 2018 Appearances : LF Muldowney and S Thomas for the Hamilton City Council J Milne for Tainui Group Holdings Limited (...

7. [2019] NZEnvC 150 Arthurs Point Outstanding Natural Landscape Society Incorporated v Queenstown Lakes District Council [pdf, 12 MB]

   ...Full Court stated: The local authority or tribunal must consider whether any amendment made to the plan .. . as notified goes beyond what is reasonably and fairly raised in submissions on the plan .. . It will usually be a question of degree to be judged by the terms of the proposed ... [plan) and of the content of the submissions. The point about reference to the proposed plan - in addition to the submissions themselves - is in my view important. It is also worth bearing in mind th...

8. [2021] NZEmpC 87 New Zealand Post Primary Teachers’ Assoc Inc v Secretary for Education [pdf, 497 KB]

   ...Hearing: Court: 6–10 May 2019, 13–17 May 2019 and 10–14 June 2019 (Heard at Wellington) Memoranda filed on 19 March 2020, 2 June 2020, 24 July 2020, 24, 27 and 31 August 2020, 28 September 2020 and 12 October 2020 Chief Judge Christina Inglis Judge M E Perkins (until 30 May 2019) Judge K G Smith Appearances: A S Butler, M McMenamin, S Hayman and H Bergin, counsel for plaintiffs V Casey QC, K Wevers, L Jackson and W Aldred, counsel for de...

9. [2024] NZEnvC 101 Pascoe v Minister for Land Information [pdf, 371 KB]

   ...MAKAURAU Decision No. [2024] NZEnvC 101 IN THE MATTER of an objection under s 23 of the Public Works Act 1981 BETWEEN TONY and DEBBIE PASCOE (ENV-2021-AKL-116) Objectors AND MINISTER FOR LAND INFORMATION Respondent Court: Environment Judge B P Dwyer Environment Commissioner K A Edmonds Environment Commissioner D J Bunting Hearing: at New Plymouth on 29 November 2023 – 1 December 2023 Last case event: 1 February 2024 Appearances: A Webb for the Objectors R R...

10. [2024] NZEnvC 101 Pascoe v Minister for Land Information [pdf, 371 KB]

    ...MAKAURAU Decision No. [2024] NZEnvC 101 IN THE MATTER of an objection under s 23 of the Public Works Act 1981 BETWEEN TONY and DEBBIE PASCOE (ENV-2021-AKL-116) Objectors AND MINISTER FOR LAND INFORMATION Respondent Court: Environment Judge B P Dwyer Environment Commissioner K A Edmonds Environment Commissioner D J Bunting Hearing: at New Plymouth on 29 November 2023 – 1 December 2023 Last case event: 1 February 2024 Appearances: A Webb for the Objectors R R...