Search Results

1. KC v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 030 [pdf, 191 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … [17] As to appeal 155/22, Judge Spiller from paragraph 47 sets out the relevant provisi...

2. Brown v Accident Compensation Corporation (Leave to appeal to the High Court) [2023 NZACC 204] [pdf, 252 KB]

   ...2 O’Neill v Accident Compensation Corporation [2008] NZACC 250 [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law: eg. Jackson and Kenyan above. Applicant’s Submissions [4] Mr Hinchcliff records that on 2...

3. QS v DG [2023] NZDT 302 (2 August 2023) [pdf, 174 KB]

   ...unlikely that the Council would agree to revoking the protected status of a healthy tree that had no structural defects. In an email from the Council in April of this year, Mr U wrote that the fee for an arborist report to accompany an application for a resource consent to alter land use itself was normally $1,800 alone. 9. I therefore find that it was not an unreasonable use of DG’s land to leave the Elm tree where it was and to regularly have it inspected and pruned by an arborist...

4. Accident Compensation Corporation v Samuela (Leave to appeal to the High Court) [2024] NZACC 208 (17 December 2024) [pdf, 214 KB]

   ...question of law: Commissioner of Inland Revenue v Walker [1963] NZLR 339, 353-354(CA). Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law: e.g. Jackson and Kenyon above. Submissions [23] The Corporation submitted the deci...

5. U Ltd v NG [2024] NZDT 492 (1 July 2024) [pdf, 198 KB]

   ...action of someone receiving confirmation of a booking that they have solicited, if they did not want that booking, is to contact the other party to advise them of that. By not doing that NG had permitted U Ltd to rely on his silence and allocate its resource to his job. While NG may not have read that email/not read it properly, U Ltd could reasonably have assumed that he had done so. c. I find that the terms were sufficiently certain. This is for the following reasons: i. I have...

6. Estate of Kearney v Accident Compensation Corporation (Leave to appeal to the High Court) [2025] NZACC 25 (17 February 2025) [pdf, 195 KB]

   ...Based on the above considerations, Mrs Tebbs Kearney has not established Judge Sinclair made any error of law capable of bona fide and serious argument. Even if the qualifying criteria had been made out, in consideration of the proper use of judicial resources and the finality of litigation, this Court would not have exercised its discretion to grant leave. Result [26] Accordingly, the application for leave to appeal is dismissed. [27] There is no issue as to costs arising from th...

7. [2025] NZEmpC 61 Faitala and Vea v The Pacific Island Business Development Trust [pdf, 178 KB]

   ...her from pursuing her claims. Further, she says the application is misconceived because Mr Faitala’s claims against the Trust arise from the same restructuring process and Authority determination. In addition, the Trust would expend the same resources and hearing time defending Mr Faitala’s claims as it would defending Mrs Vea’s and Mr Faitala’s claims together at the same hearing. Legal Principles [7] There is no express provision in the Employment Relations Act 2000...

8. [2024] NZEmpC 256 VGM v JXC [pdf, 185 KB]

   ...factors, including:12 8 Employment Relations Act 2000, s 180. 9 Duncan v Osborne Building Ltd (1992) 6 PRNZ 85 (CA) at 87. 10 Employment Court Regulations 2000, reg 64. 11 Grove v Archibald [1998] 2 ERNZ 125 (EmpC) at 128–129; and Bathurst Resources Ltd v L&M Coal Holdings Ltd [2020] NZCA 186, (2020) 25 PRNZ 341 at [19]. 12 Assured Financial Peace Ltd v Pais [2010] NZEmpC 50 at [5]; and Dymocks Franchise Systems (NSW) Pty Ltd v Bilgola Enterprises Ltd (1999) 13 PRNZ 48...

9. Iseri v Pocock - Allotment 246D1 Waimana Parish (2024) 328 Waiariki MB 64 (328 WAR 64) [pdf, 223 KB]

   ...utilised more effectively as General land. [14] His desire is to develop the land for a holiday park/health hub with a large organic garden to provide respite for people and their families who are undergoing chemotherapy treatment. Ozgur obtained resource consent from the local council on 23 December 2023 to build five units on the park, however, he has faced financial difficulties and says he cannot secure further lending to finance the project without changing the status of the land...

10. [2024] NZEnvC 263 North Canterbury Fish & Game Council v Canterbury Regional Council [pdf, 300 KB]

    FISH AND GAME & EDS v CRC & THE MINISTER FOR THE ENVIRONMENT IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 263 IN THE MATTER of the Resource Management Act 1991 AND an application for declarations under s311 of the Act BETWEEN NORTH CANTERBURY FISH AND GAME COUNCIL AND THE ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (ENV-2023-CHC-138) Applicants AND CANTERBURY REGIONAL COUNCIL AND THE MINISTER FOR T...