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1. Tapu te Wao v Accident Compensation Corporation (Treatment Injury) [2024] NZACC 137 (16 August 2024) [pdf, 246 KB]

   ...Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 15 August 2024 Held at: Hamilton/Kirikiriroa Appearances: L Findlater for the Appellant F Becroft for the Accident Compensation Corporation (“the Corporation”) Judgment: 16 August 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for treatment injury – ss 32-33, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 2...

2. [2012] NZEmpC 57 Foai v Air New Zealand Ltd [pdf, 265 KB]

   ...Plaintiff AND AIR NEW ZEALAND LIMITED Defendant Hearing: 31 October and 1 November 2011, 24 November 2011 (Heard at Wellington) Appearances: Johanne Greally, counsel for the plaintiff Tim Cleary, counsel for the defendant Judgment: 4 April 2012 JUDGMENT OF JUDGE A D FORD Introduction [1] During the course of a 16-month period between July 2007 and November 2008, the defendant (Air New Zealand) overpaid Mr Foai, who was then on its payroll, a total o...

3. Waitangi Tribunal theme I - Māori and rating law [pdf, 549 KB]

   ...23. Other methods tried were an acreage basis – tried in Otago – and ‘capital value’ – tried in Nelson. 7. C Scott, Local and Regional Government in New Zealand Function and Finance, 1979, p 41. This change is noted in the Maori Land Court judgment of Spencer J in Grigg v Mangonui County Council, pp 15–16, DB, p 229. 2 Maori and Rating Law 3 not made an enemy for me and some cases both with Europeans and Natives and solicitors acting for them.8 This bears out the allegation in...

4. Recommendations Recap Issue 18 [pdf, 736 KB]

   Recommendations Recap A summary of coronial recommendations and comments made between 1 October and 31 December 2018 Office of the Chief Coroner | 2018 (4) i Coroners’ recommendations and comments Coroners perform essential functions within our society. They inquire into a range of unexpected deaths to establish the identity of the person who has died and the cause and circumstances of their death. While inquiring into a

5. [2017] NZEnvC 165 Yaldhurst Quarries Joint Action Group v Christchurch City Council [pdf, 5.2 MB]

   ...general principles to be distilled from Dye. The discussion is summarised by Judge Thompson for the court in Outstanding Landscape Protection Society Incorporated v Hastings District Council:8 [51] There is a passage in the Court of Appeal's judgment in Dye v Auckland Regional Council [2001] NZRMA 513 which, taken literally, appears to hold that cumulative effect can only be one that arises from the proposed activity: ... All of these are effects which are going to happen as a...

6. Wall v Malone [2010] NZWHT Auckland 21 [pdf, 262 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2009-100-000021 [2010] NZWHT AUCKLAND 21 BETWEEN SHARON and DAVID WALL Claimants AND JANE ALISON MALONE AND ESTATE OF STEPHEN DAVID MALONE First Respondents AND NORTH SHORE CITY COUNCIL Second Respondent AND JOHN FINLAY (Removed) Third Respondent AND WILLIAM CARL BRAHNE (Removed) Fourth Respondent AND PHILLIP NEVILLE WARREN (Removed) Fifth Respondent Hearing: 25, 26 and 30 March 2010 Final Written sub

7. Darby Trust v Auckland Council & Ors [2013] NZWHT Auckland 1 [pdf, 283 KB]

   ...(b) Anthony Lawrence Allen, who is alleged to have been the developer of the property or the head contractor or the project manager. (c) Cedric Dudley French, who is alleged to have been the builder of the house. [5] The claimants seek judgment against the Council, Mr Allen and Mr French in relation to their respective roles in the construction and certification of their home. All respondents defended the Darby’s claims and advanced claims of contribution and/or indemnity...

8. LCRO 162/2018 BQ v XR (29 September 2020) [pdf, 267 KB]

   ...on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [32] More recently, the High Court has described a review by this Office in the following way:3 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determinat...

9. [2019] NZEmpC 54 Hong v Auckland Transport [pdf, 437 KB]

   ...YOON CHEOL HONG Plaintiff AND AUCKLAND TRANSPORT Defendant Hearing: 20-22 February 2019 (Heard at Auckland) Appearances: M W Ryan, counsel for plaintiff C Parkhill and S L Fletcher, counsel for defendant Judgment: 10 May 2019 JUDGMENT OF JUDGE J C HOLDEN The defendant, Auckland Transport (AT), accepts that the plaintiff, Mr Hong, was unjustifiably dismissed by it from his position as a parking officer. The issues ar...

10. [2021] NZEnvC 062 Kombi Properties Limited (formerly HFT Limited) v Auckland Council [pdf, 2.6 MB]

    ...comments were made in the context of a plan change, that had to "give effect to" the higher-order NZCPS. A question to be answered by the SC had also included whether the Board of Inquiry gave effect to the NZCPS in coming to a "balanced judgement" in the context of s67(3)(b). 20 [41] Notably, issues in that case related to the inter-relationship between the various objectives and policies in the NZCPS, and the reconciliation of the more relevant of these with Poli...