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1. Memorandum of Counsel for Wellington International Airport Limited (dated 07 May 2018) [pdf, 1.7 MB]

   ...Page 10 The Director confirmed that 90 metres would remain acceptable for a southern extension on 20 March 2015. The New Zealand Airline Pilots Association (NZALPA) judicially reviewed the Director's decision to the High Court. In her judgment. delivered on 6 July 2016, her Honour Justice Clark dismissed NZALPA's concerns, and held that the Director's decision and the process leading to that decision was lawful. On 28 July 2016, NZALPA appealed the High Court Decisi...

2. LCRO 28/2017 HK v TX (31 May 2019) [pdf, 205 KB]

   ...dispute that brought Ms HK to the Court. I have conducted a number of reviews which have had their genesis in conduct complaints that were initiated following the High Court proceedings. I have also had the opportunity to peruse the various Court judgments that followed the agreement that had been reached in the High Court. The complaint and the Standards Committee decision [15] Ms HK lodged a complaint with the New Zealand Law Society Complaints Service (NZLS) on 3 August 2016....

3. KC v Accident Compensation Corporation (Mental Injury and Social Rehabilitation) [2023] NZACC 011 [pdf, 276 KB]

   ...AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 16 January 2023 Held at: Wellington/Te Whanganui-a-Tara by AVL Appearances: The Appellant is self-represented F Becroft for the Accident Compensation Corporation Judgment: 27 January 2023 RESERVED JUDGMENT OF JUDGE P R SPILLER [Date of mental injury - s 36(1); claim for rehabilitation assistance outside New Zealand – s 128; and claim for cover for mental injury, ss 20 and 25, Accident Compensat...

4. Hubert v Accident Compensation Corporation (Revocation of cover) [2024] NZACC 179 (12 November 2024) [pdf, 381 KB]

   ...Respondent Hearing: 24 July 2024 Heard at: Auckland/Tāmaki Makaurau Appearances by AVL: D Wood lay advocate for the Appellant B Johns for the Respondent Evidence and Supplementary submissions completed: 29 October 2024 Judgment: 12 November 2024 RESERVED JUDGMENT OF JUDGE D L HENARE [Revocation of cover, s 390 Accident Compensation Act 2001] [1] This appeal concerns revocation of cover previously granted by the Corporation on the basis the cover d...

5. Thomas v Ministry of Social Development [2024] NZHRRT 63 [pdf, 356 KB]

   ...possible occurrence) of the loss. It is not necessary for the cause to be the sole cause, main cause, direct cause, indirect cause or “but for” cause. No form of words will ultimately provide an automatic answer to what is essentially a broad judgment. [62] Causation was also considered in Heta v Ministry of Social Development.27 In that case MSD conceded that it had sent two Notices seeking information that had not previously been sought directly from Ms Heta. Despite this bre...

6. Ryan v CAC 20002 & Skinner [2013] NZREADT 45 [pdf, 67 KB]

   ...keep the client well informed of matters relevant to the client’s interest. 11 [48] A breach of any of these rules would, prima facie, result in a finding of unsatisfactory conduct under s.72(b) of the Act. Of course, it is a matter of judgment whether any of the rules have been breached. The Committee did not consider there was unsatisfactory conduct by the licensee. [49] If the appellant’s version of events is correct then, assuming the licensee properly understood...

7. Holt & Ors as Trustees of the Kahala Trust v Auckland Council [2011] NZWHT Auckland 15 [pdf, 129 KB]

   ...Arakelian. [2] Under the terms of the settlement agreement all settling parties agreed that the Council would engage Heaney & Co to pursue the claim against the DVK and Mr Arakelian on behalf of all the settling parties and attempt to obtain judgement for all parties for their losses and costs in connection with the claim. The original Page | 3 settlement agreement was subsequently renegotiated varying the contribution between the settling parties. This type of r...

8. Smith v ACC [2010] NZACA 6 [pdf, 192 KB]

   ...not object to Mr Tui appearing with the assistance of handwritten notes made by him at the review hearing. Mr Schmidt noted “I do not object to my friend appearing. It is convenient and we have worked together for a long time. So I trust his judgement in these issues. I cannot remember what the decision is but there was a recent High Court decision last year about counsel giving evidence and appearing on the same matter. And the very short version is that it is a matter of di...

9. Jones v Registrar of REAA [2019] NZREADT 27 (28 June 2019) [pdf, 225 KB]

   ...that the applicant had the support of a number of experienced persons in the industry. The Tribunal allowed the application for review, on the basis that the applicant’s licence would be subject to certain conditions. [27] We also refer to the judgment of his Honour Justice Nation in Real Estate Agents Authority v A, allowing the Registrar’s appeal against a decision of the Tribunal to reverse a decision not to renew the licence of a salesperson (“A”).5 In that case, A ha...

10. [2022] NZEnvC 229 Wilson v Waikato Regional Council [pdf, 1.2 MB]

    ...that the applicant's proposed adaptive management plan and conditions were deficient. This was particularly in the sense that the proposed controls were:4 ... not objectively measurable and effectively delegate to independent experts the judgement as to whether or not the Proposal would be able to be fully developed beyond the first 10ha block. [9] The first interim decision also found this lack of certainty was aggravated by a choice of "amorphous words (e.g. 'minor...