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1. [2023] NZEnvC 054 Pascoe v Minister for Land Information [pdf, 193 KB]

   ...authorised further sub-delegation of that power to employees of LINZ. And if so; (b) whether the service of any notices issued under s 18 or s 23 of the PWA were lawfully served on Mr & Mrs Pascoe under the State Services Act 1988, PWA or the Resource Management Act 1991 (RMA). [4] There is a difference of opinion between Mr & Mrs Pascoe (the objectors) and the Crown as to whether the above issues are justiciable by the Environment Court. It is the Crown’s view that...

2. Interpreter’s Code of Conduct [pdf, 211 KB]

   ...Service Providers (LSPs) must act in accordance with the Ministry’s Privacy Guidelines for Justice Providers, the Privacy Act 2020, and any other relevant obligations. The Ministry’s Privacy Guidelines for providers of Justice Services is a useful resource to help interpreters manage information in a way that is confidential, secure, and consistent with the requirements under the Standard Terms. It is best practice to seek the person’s consent before sharing their private inform...

3. [2022] NZEmpC 126 Henderson Travels Ltd v Kaur [pdf, 194 KB]

   ...security of $10,000, or any other amount the Court considers appropriate. Curiously, the application sought a stay until any security is paid or provided. [12] Essential to Henderson Travels’ application are concerns about Ms Kaur’s financial resources and immigration status. [13] Vyom Sikri, a former director of Henderson Travels, provided affidavits in support of the company’s application and in opposition to Ms Kaur’s application. [14] As well as indicating that Hender...

4. [2022] NZEmpC 34 Henderson Travels Ltd v Kaur [pdf, 210 KB]

   ...affidavit confirming his ability and/or preparedness to provide this support. [20] On the evidence available, if the whole of the Authority’s determination was paid to Ms Kaur, and spent, she would not have the ability to repay it from resources immediately available such as her savings. Repayment would require assistance from her family which may, or may not, be readily available. [21] This assessment factor points towards granting a stay. Is the challenge pursu...

5. Xu v Accident Compensation Corporation [2022] NZACC 205 [pdf, 247 KB]

   ...been properly construed or interpreted and applied to the facts: CIR v Walker.12 • Even if the qualifying criteria are established there remains an extensive discretion in the grant or refusal of leave 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: Jackson and Kenyon.13 Grounds of appeal [20] Ms Xu’s submissions in support of her...

6. Roberts v ACC (Claims process) [2024] NZACC 69 [pdf, 198 KB]

   ...helpfully identified by the Supreme Court of Canada in Borowski v Attorney-General. They are, first, the importance of the adversarial nature of the appellate process in the determination of appeals, secondly, the need for economy in the use of limited resources of the appellate courts and, thirdly, the responsibility of the courts to show proper sensitivity to their role in our system of government. In general advisory opinions are not appropriate. … [24] The Court's prima...

7. 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...

8. 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...

9. 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...

10. 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...