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1. Taufa v Accident Compensation Corporation (Suspension of Entitlement) [2023] NZACC 154 [pdf, 246 KB]

   ...injury was a serious injury that prevented the appellant continuing with the work that he had been doing. [47] Mr Crabb also notes that over two months elapsed between the accident on 29 March 2019 and the MRI of 4 June 2019. [48] He notes that Justice Whata in YZ v ACC3 acknowledged that reference may be made to scientific publications. Decision [49] Section 117 of the Accident Compensation Act provides that the Corporation may suspend or cancel an entitlement if it is not sati...

2. Crimes Amendment Bill [pdf, 285 KB]

   ...Consistency with the New Zealand Bill of Rights Act (14 June 2024), here, at [46] and [49.4]. 34 The test adopted in the sentencing context by the Supreme Court in Attorney-General v Chisnall [2024] NZSC 178, [2024] 1 NZLR 768 at [104]. https://www.justice.govt.nz/assets/Documents/Publications/20240625-Reinstating-Three-Strikes-Amendment-Bill.pdf 6 8895307 principles in the Sentencing Act.35 For the same reason, we do not consider the increase to the maximum penalties limits the r...

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

   ...decision, the Committee concluded that: (a) there was insufficient evidence to substantiate the complaints; (b) inquiry into the complaints was unlikely to result in any adverse disciplinary findings against Mr TX; (c) the underlying subject matter of the complaints had been before the Courts; and (d) issues raised by the complaints could appropriately be addressed through the appeal process. Application for review [19] Ms HK filed an application for review on 22 January 2016....

4. [2020] NZREADT 12 - Feschiev (4 May 2020) [pdf, 241 KB]

   ...one point, the vendors told her that they were then residing in Australia and that the report from the laboratory was stored in an attic of a property there. They also said that they would not have access to it until they went back to Australia. Matters were left on the basis that once the vendors returned to Australia, they would locate the report and send it to Ms Cruickshank. [9] In fact, a copy of the report was eventually provided and it did contain a statement excluding the...

5. [2024] NZEnvC 043 Barclay Management (2013) Ltd v City Rail Link Limited [pdf, 378 KB]

   ...from the Flow Transportation Report to relocate the wall, among others, are as follows:18 1. Introduction 1.1 Flow Transportation Specialists Limited (Flow) has been commissioned by Auckland Transport to identify and assess traffic engineering matters related to proposed changes to the existing designation for the City Rail Link (CRL). The proposed changes are variously temporary and permanent in duration, and relate to Victoria Street West, Kingston Street and Albert Street in Auc...

6. Hartley v Balemi [pdf, 401 KB]

   CLAIM NO: 1276 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN DAVID JASON HARTLEY and FLEUR DIANE HARTLEY Claimants AND No first respondent, Jack Balemi having been struck out AND BRENT BALEMI Second Respondent AND MANUKAU CITY COUNCIL Third Respondent AND No fourth respondent, Brent Warren Lee having been struck out AND No fifth respondents, Grace Kit Ha Mak and Wong & Bong Trustee Co Ltd h

7. LCRO 106/2018, 107/2018, 170/2018 and 181/2018 SY, [SAL] and DT v [Area] Standards Committee [X] (22 August 2019) [pdf, 462 KB]

   ...executors. [14] The two remaining executors (Messrs UB and FD) instructed [SAL] to act in the administration of (A)’s estate. 1 It is not clear (and nor is it relevant for the purposes of this matter) whether RB was also her mother’s attorney as to welfare. 3 [15] Within [SAL], Mr DT was the principal responsible for the management and oversight of the firm’s estate and litigation work.2 A legal executive (Ms Z), who repor...

8. [2024] NZEnvC 182 Beresford v Queenstown Lakes District Council [pdf, 1.6 MB]

   BUNKER & ROUSE v QLDC – DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 182 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN M J BERESFORD, R T BUNKER & L M ROUSE (ENV-2018-CHC-69) Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Environment Judge S Tepania Environ

9. [2024] NZEnvC 178 Te Raranga a Te Kuihi Trust v Kaipara District Council [pdf, 3.2 MB]

   Te Raranga a Te Kuihi Trust v Kaipara District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 178 IN THE MATTER OF an appeal under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN TE RARANGA A TE KUIHI TRUST (ENV-2023-AKL-000184) Appellant AND KAIPARA DISTRICT COUNCIL Respondent AND DARGAVILLE RACING CLUB INCORPORATED Applicant Court: Environment Judge J A

10. Gemmell v Gemmell - Mohaka A4 Trust [2015] Māori Appellate Court MB 114 (2015 APPEAL 114) [pdf, 456 KB]

    ...the tax position of Mohaka A4 Trust and the failure to have proper accounts prepared, there is sufficient evidence before the Court to justify removal under section 240 of the Act in any event. [25] Judge Harvey directed Mr Gray to address four matters: 23 (a) Resolving satisfactorily the completion of the annual accounts for Mohaka A4 Trust back to 2004 including treatment of any taxation liabilities; (b) Attending to the completion of audits of the annual accounts for the last f...