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1. Friesen v Accident Compensation Corporation (Personal Injury) [2024] NZACC 46 [pdf, 449 KB]

   ...that without the meniscus tear injury, Mr Friesen would not have needed surgery, and that the osteoarthritis was deemed to be post-traumatic osteoarthritis, that is caused by injury. [56] She compares this case to that of Johnston v ACC1 where Justice France noted that it was common ground that but for the accident, there was no reason to consider Mr Johnston’s underlying disc degeneration would have manifested itself, or at least not for many years. [57] She submits that it i...

2. Lothian v Accident Compensation Corporation (Work Related Mental Injury) [2023] NZACC 99 [pdf, 199 KB]

   ...Corporation [2015] NZACC 4. 6 MC v Accident Compensation Corporation [2016] NZACC 264. 13 identified stressors, as arising from the same cause or circumstance and together comprising an “event”. [37] In Taylor v Roper and Attorney-General,7 Justice Brown (for the Court of Appeal) concluded that section 21B did not provide cover for the PTSD suffered by the appellant. The appellant had suffered sexual abuse in the course of her employment and this abuse involved a number...

3. List-of-Fee-Changes-1-July-2025.pdf [pdf, 519 KB]

   Ministry of Justice fee changes List of fee changes for Courts and Tribunals Collection New fees will take effect from 1 July 2025. Contents Background ..................................................................................................................................................................... 3 Court fees .....................................................................................................................................................

4. ENV-2018-AKL-000150 Brookby Quarries Limited v Auckland Council [pdf, 8.3 MB]

   NOTICE OF APPEAL 26 JULY 2018 Counsel instructed: Solicitors acting: Russell Bartlett QC / Bal Matheson D J Minhinnick / L J Eaton C/- Richmond Chambers P +64 9 367 8000 33 Shortland Street F +64 9 367 8163 PO Box 1008 PO Box 8 Auckland 1140 DX CX10085 Auckland BEFORE THE ENVIRONMENT COURT ENV–2018 –AKL - AT AUCKLAND I MUA I TE KOOTI TAIAO I TĀMAKI MAKAURAU ROHE UNDER the Local Government Act (Auckland Transitional Provisions) Act 2010 (&

5. [2010] NZEmpC 78 SFWU v Rendezvous Hotels (NZ) Ltd [pdf, 39 KB]

   ...held out of that interim advantage if it is later established that it would have been entitled to this. The third test is for the Court to stand back from the detail of the first two tests and assess, as best it can, where the overall justice lies between the parties. This is a broad discretionary consideration on applicable principles. [3] Because the application has been heard urgently and the only evidence before the Court is on untested affidavits and because full...

6. ENVC Hearing 6Oct14 s274 evidence chief Janet Moore [pdf, 391 KB]

   ...preserved. The same applies to Objective 2 and policies 13 and 15 in the New Zealand Coastal Policy Statement.13 9 The RMA, Section 6(d) provides for ‘the maintenance and enhancement of public access to and along the coastal marine area as a matter of national importance’.14 In Thomas v Marlborough District Council the court stated that any development that prevented free public access to the coastal marine area ‘amounts to an alienation of that public space and must be balance...

7. Brichris Holdings Limited v Irmac Builders Limited (in liquidation) [2012] NZWHT Auckland 7 [pdf, 105 KB]

   ...above, I conclude Mr Neilson has discharged the heavy evidential burden that Mr Irwin‘s actions or omissions meet the threshold for the allegation of bad faith. The threshold for assessing substantial merit [36] In Trustees Executors13 Justice France held that: In policy terms, whilst one must be wary of establishing disincentives to the use of the important Resolution Service, one must also be wary of exposing other participants to unnecessary costs. The Act itself...

8. BORA Social Assistance (Living Alone Payments) Amendment Bill [pdf, 355 KB]

   ...Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omis...

9. BORA Income Tax Bill [pdf, 399 KB]

   ...Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omission...

10. Wiezoreck v McHugh [2013] NZIACDT 49 (9 August 2013) [pdf, 128 KB]

    ...claim, including causation, quantum and the other principles that regulate entitlement. [61] Mr Wiezoreck is entitled to have all the fees he paid refunded. He was not treated honestly when he agreed to pay the fees, and it would be repugnant to justice to permit Ms McHugh to retain any of the fees procured in that way by a professional he was entitled to trust. Total fees of €3,050 were paid, and €800 refunded. The fees were paid in instalments, a conversion date of February 2010 is...