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  1. [2021] NZACC 127 - Jones v ACC (11 August 2021) [pdf, 177 KB]

    IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 127 ACA 02/18 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPLICATION TO RECALL DECISION BETWEEN CRAIG RICHARD JONES Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the Papers Appearances: Applicant in person D Tuiqereqere for the respondent Judgment: 11 August 2021 _____________________________...

  2. Morris v Accident Compensation Corporation (Interpretation of decision) [2024] NZACC 089 [pdf, 186 KB]

    ...and it appears 4 that payment to Ms Morris has already been made for this. Ill arrange for Bhavika to generate and issue a formal decision letter to Ms Morris, in the hopes of preventing any doubt or confusion. If there are no additional matters relevant to this review application, please respond in writing to confirm if youre happy to withdraw review 7981231. Alternatively if you continue to disagree with ACCs decision and you would like to proceed to a formal review hearing...

  3. Fetherston v REAA & Milne [2013] NZREADT 12 [pdf, 31 KB]

    BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2013] NZREADT 12 READT 035/12 IN THE MATTER OF an appeal under s.112 of the Real Estate Agents Act 2008 BETWEEN DENIS FETHERSTON Appellant AND REAL ESTATE AGENTS AUTHORITY (CAC20005) First Respondent AND RICHARD MILNE Second Respondent MEMBERS OF TRIBUNAL Ms K Davenport – Chairperson Mr J Gaukrodger – Member Mr G Denley – Member HEARD AT AUCKLAND 29 Jan...

  4. CAC 20004 v Gardiner [2014] NZREADT 65 [pdf, 36 KB]

    ...“The Barn”. It may be that it was drugs paraphernalia but equally it might be that he was concerned that there might be stolen property. We can assume that the Police did not or could not establish that Mr Gardiner was perverting the course of justice by ensuring that the stolen property was hidden because he has not been charged or cautioned. The Police only spoke to Mr Gardiner. Our conclusion must therefore be that this behaviour was not criminal but was certainly most unwise....

  5. [2015] NZEmpC 96 Allied Security Ltd v Marriott interlocutory [pdf, 88 KB]

    ALLIED SECURITY LIMITED v EDDIE MARRIOTT NZEmpC CHRISTCHURCH [2015] NZEmpC 96 [23 June 2015] IN THE EMPLOYMENT COURT CHRISTCHURCH [2015] NZEmpC 96 EMPC 58/2015 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of a stay of proceedings BETWEEN ALLIED SECURITY LIMITED Applicant AND EDDIE MARRIOTT Respondent Hearing: (on the papers dated 8, 18 , 25 May and 2 June 2...

  6. BORA Building Amendment Bill (No 4) [pdf, 304 KB]

    ...connected with the objective? ii. does the limit impair the right or freedom no more than is reasonably necessary for sufficient achievement of the objective? iii. is the limit in due proportion to the importance of the objective? In addition to the matters outlined in paragraph 7, we consider the following factors are relevant in assessing whether the strict liability offence can be justified under s 5 of the Bill of Rights Act: • the nature and context of the conduct to be regul...

  7. [2021] NZACC 8 - Stryder v ACC (12 January 2021) [pdf, 165 KB]

    ...who fuckin’ lie.” [26] He said he believed that Dale O’Connor (ACC employee) wrote up Dr Maginness’ report and signed it on her behalf because it is on an ACC 266 report form. He then said: “The ACC system is fucked. Where is the justice in this world?” Decision [27] Section 117 of the Accident Compensation Act provides that the Corporation may suspend entitlements. Subsection (3) states: For as long as the claimant unreasonably refuses or unreasonably fails to ...

  8. [2020] NZEnvC 136 Environmental Defence Society Incorporated v New Zealand Aluminium Smelters [pdf, 217 KB]

    ...EDS. 4 Section 278 Resource Management Act 1991. 4 [7] The application for discovery involves both tailored and non-party discovery pursuant to Rules 8.8 and 8.21 respectively. Tailored discovery must be ordered when the interests of justice require an order involving more or less discovery than that required by standard discovery, as in this case where a specific document is sought. Non-party discovery is provided for occasions where a third-party is in control of documen...

  9. [2020] NZEnvC 209 Beresford v Queenstown Lakes District Council [pdf, 1.3 MB]

    ...justification for the delay in filing.4 Mr Beresford has now applied for costs.against Bike Wanaka.5 Mr Beresford's application [3] Mr Beresford seeks a costs award of $3,726.00, being 60% of total costs incurred. Ms Steven submits that, to do justice, a 'higher than usual' contribution is justified. While acknowledging that Bike Wanaka is an incorporated society that relies on donations and grants, counsel submits that it is also relevant that Sticky Forest does not...

  10. [2020] NZEnvC 146 River Terrace Developments Ltd v Central Otago District Council [pdf, 566 KB]

    ...longstanding practice that late withdrawals or late advice of withdrawal of an appeal, will normally result in costs in favour of a party who has been put to unnecessary expense in preparation for hearing. Consideration [17] On balance, I consider that justice favours a modest award of costs to CODC but not to the extent it seeks. The appellant's liaison with the court and parties and in response to directions for hearing was for the most part productive and timely. While the...