Search Results

1. Huata-Kupa v Tataraakina C -Tataraakina C Trust (2015) 40 Tākitimu MB 207 (40 TKT 207) [pdf, 244 KB]

   ...DISTRICT A20140011548 UNDER Section 98 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF TATARAAKINA C TRUST BETWEEN TANIA HUATA-KUPA Applicant AND TATARAAKINA C TRUST Respondent Hearing: On the papers Judgment: 29 May 2015 RESERVED JUDGMENT OF JUDGE L R HARVEY Introduction [1] By application received on 20 October 2014 Tania Huata-Kupa, a former responsible trustee of Tataraakina C Trust (“the Trust”), seeks payment, it w...

2. Swanson - Waotu South C No 6B (2014) 110 Waiariki MB 187 (110 WAR 187) [pdf, 235 KB]

   ...Whenua Māori Act 1993 IN THE MATTER OF Waotu South C No 6B Block JUNE ROSALIE SWANSON AND ZENA ADRIENNE LOWTHER Applicants Hearing: 8 October 2014 (Heard at Rotorua) Appearances: Mr C Bidois, for the applicants Judgment: 22 December 2014 RESERVED JUDGMENT OF JUDGE C T COXHEAD Copies to: Curtis Bidois, East Brewster Lawyers, PO Box 1742 Rotorua 3040, curtis.bidois@eastbrewster.c...

3. Maruera v Te Runanga o Ngāti Maru (Taranaki) Trust (2017) 378 Aotea MB 118 (378 AOT 118) [pdf, 389 KB]

   ...RŪNANGA O NGĀTI MARU (TARANAKI) TRUST Respondent Hearing: 19 December 2017 (Heard at New Plymouth) Counsel: J Kahukiwa for Applicant L McErlane for Respondent Date: 20 December 2017 ORAL JUDGMENT OF JUDGE L R HARVEY Copies to: J P Kahukiwa Corban Revell, Solicitors, DX DP92558 jkahukiwa@corbanrevell.co.nz L McErlane mcerlane@ascendcapital.co.nz mailto:jkahukiwa@corbanrevell.co.nz mailt...

4. Te Awe Awe v Te Awe Awe-Bevan - Pt Rangitikei Manawatu Pt B4 (2016) 354 Aotea MB 213 (354 AOT 213) [pdf, 301 KB]

   ...November 2015 348 Aotea MB 95 dated 20 January 2016 349 Aotea MB 193 dated 9 March 2016 (Heard at Palmerston North) Appearances: The Trustees in person M Sinclair for the Respondent Judgment: 17 June 2016 RESERVED JUDGMENT OF JUDGE L R HARVEY Copies to: M Sinclair, Te Haa Legal, PO Box 138, Ōtaki 5542 moana@tehaalegal.co.nz mailto:moana@tehaalegal.co.nz 354 Aotea MB 214 Introduction [1] The trustees...

5. BORA Criminal Proceeds and Instruments Bill [pdf, 350 KB]

   ...sentenced of an offence.[16] 37. The United States Supreme Court in United States v Ursery[17] held that in rem civil forfeitures are neither "punishment" nor criminal proceedings for the purposes of double jeopardy. 38. We note also the judgment of the Court of Appeal in Daniels v Thompson[18] held that: "In our view it would be erroneous to treat the word "punished" in section 26(2) as embracing punishment outside the ambit of the criminal process and its ass...

6. CAC 409 v Brady [2019] NZREADT 21 (23 May 2019) [pdf, 219 KB]

   ...verifying the information provided by Mr Derrick, or recommending that Mr Derrick seek advice from his solicitor. Should Mr Brady be found guilty of misconduct or unsatisfactory conduct? Submissions [19] Mr Simpson submitted that an error of judgment or carelessness breaching acceptable standards will generally be unsatisfactory conduct. He submitted that on the basis of the agreed summary of facts, the threshold of serious incompetence or serious negligence is not met in th...

7. [2021] NZACC 63 – Carr v ACC (20 April 2021) [pdf, 236 KB]

   ...CARR Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 13 April 2021 Held at: Auckland/Tāmaki Makaurau Appearances: M Darke for the appellant F Becroft for the Accident Compensation Corporation Judgment: 20 April 2021 RESERVED JUDGMENT OF JUDGE P R SPILLER [Vocational independence – s 107Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 28 June 2019. The Reviewer dismis...

8. Reece v Accident Compensation Corporation (Weekly Compensation) [2022] NZACC 226 [pdf, 216 KB]

   ...POWELL GROUP Second Respondent Hearing: 18 November 2022 Held at: Hamilton/Kirikirioa Appearances: M Darke for the Appellant and Mr Reece by audio link K Anderson for the first respondent A Sharp for the second respondent Judgment: 30 November 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Weekly compensation – s 103, and Personal injury caused by physical injury - s 26(1)(c), Accident Compensation Act 2001] Introduction [1] The following appeals have...

9. [2022] NZACC 80 – Jamieson v ACC (6 May 2022) [pdf, 215 KB]

   ...Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 27 April 2022 Held at: Auckland/Tāmaki Makaurau By AVL Appearances: The appellant was self-represented L Hawes-Gandar and F Becroft for the respondent Judgment: 6 May 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for personal injury – ss 25-26 , Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 11 January 2021. The...

10. CW v Accident Compensation Corporation (Claim for Mental Injury) [2022] NZACC 241 [pdf, 202 KB]

    ...BETWEEN CW Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 2 December 2022 Held at: Wellington/Te Whanganui-a-Tara by AVL Appearances: B Hinchcliff for the Appellant F Becroft for the Respondent Judgment: 12 December 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for mental injury - s 26(1)(c), Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 22 February 2022. The Rev...