Search Results

1. Poihegatama v Accident Compensation Corporation (Leave to Appeal to High Court) [2024] NZACC 196 [pdf, 264 KB]

   ...application for leave to appeal. [57] Mr Poihegatama has not established Judge Henare 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. The Court is not satisfied as to the wider importance of any contended point of law. Result [58] Accordingly, Mr Poihegatama...

2. [2024] NZREADT 03 - KN v REAA (21 February 2024) [pdf, 163 KB]

   ...Registrar of the Real Estate Agents Authority [2022] NZREADT 6 at [43]. 6 Erceg v Balenia Ltd [2008] NZCA 535 at [15]. 7 Lam v Real Estate Agents Authority (CAC 413) [2018] NZREADT 15 at [25]. 7 Act to filter complaints, and occupy more time and resource at the Tribunal level dealing with complaints at a lower level of seriousness. [26] Furthermore, licensees are not a party to a review of a Registrar’s decision, and so will not have an opportunity to respond to any fresh ev...

3. [2025] NZEmpC 19 Postal Workers Union of Aotearoa Inc v NZ Post Ltd [pdf, 218 KB]

   ...That is a broad assessment which must include the reasons for applying for a stay, its proposed duration, the interests of the parties and the efficient 8 Postal Workers Union of Aotearoa Inc, above n 1, at [9]. use of scarce judicial resources. In presenting their submissions, Mr Wicks and Mr Mitchell did not suggest that the discretion must be exercised in a different way or involved additional considerations. [32] I am not persuaded that a stay should be granted. P...

4. Jack v Accident Compensation Corporation (Treatment Injury) [2025] NZACC 32 (24 February 2025) [pdf, 185 KB]

   ...treatment. (2) Treatment injury does not include the following kinds of personal injury: (a) personal injury that is wholly or substantially caused by a person's underlying health condition: (b) personal injury that is solely attributable to a resource allocation decision: (c) personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment. (3) The fact that treatment did not achieve a desired result does not, of itself,...

5. LCRO 77/2024 KU v CI (9 April 2025) [pdf, 170 KB]

   ...business, yet all expect equitable treatment in their parents’ inheritance. This tension is compounded by the farm’s financial reality: it is often asset-rich, with significant value tied up in land and equipment, but cash-poor, limiting liquid resources for equal distribution. [33] To address this, arrangements such as a deed of family arrangement can be employed, transferring farm ownership to the child or children who will maintain it, while compensating non-farming siblings with...

6. Edmondson v Accident Compensation Corporation (Personal Injury) [2024] NZACC 183 (19 November 2024) [pdf, 212 KB]

   ...(2) Treatment injury does not include the following kinds of personal injury: 7 (a) personal injury that is wholly or substantially caused by a person's underlying health condition: (b) personal injury that is solely attributable to a resource allocation decision: (c) personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment. (3) The fact that treatment did not achieve a desired result does not, of itself, con...

7. Duty Lawyer Policy v2.15.pdf [pdf, 302 KB]

   ...category 21 matter unless: a. there is a statutory onus on a defendant to satisfy a Judge that bail should be granted or b. further enquiries are required on a matter determinative of a grant of bail by the Court, and those enquiries are beyond the resources of the duty lawyers. (Duty lawyers are reminded they must make reasonable enquiries to assist defendants to confirm details, such as address or employment information) or c. the defendant is under an order made pursuant to the Men...

8. [2024] NZEnvC 260 Middleton v Queenstown Lakes District Council [pdf, 11 MB]

   MIDDLETON FAMILY TRUST v QLDC – TOPIC 31 – FINAL DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 260 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN ARNOLD ANDREW MIDDLETON, ISABELLE GLADYS MIDDLETON, WEBB FARRY NOMINEES LIMITED & STEWARD LESLIE PARKER AS TRUSTEES OF THE MIDDLETON FAMILY TRUST (ENV-2019-CHC-55) Appellants...

9. Auckland Standards Committee 1 v Kwon [2024] NZLCDT 44 (11 December 2024) [pdf, 199 KB]

   ...request to be unjustified and illegitimate, naturally, he submitted any enforcement was also unjustified. “As the request was unjustified, my refusal was correct and right. It was the Committee who should be admonished for reckless abuse of its resources and power.” Further evidence [36] Mr Kwon has now, in his affidavit, provided a copy and translation of what he refers to as an “agreement for service” which roughly equates with a letter of engagement, (although it does...

10. IE v X Ltd [2024] NZDT 587 (12 August 2024) [pdf, 262 KB]

    ...intentions about the level of support proposed, and in the 2017 Instrument, there are no boundaries set about the limits of expenditure. For unrelated CI0301_CIV_DCDT_Order reasons, IE’s sister also had an expectation of support from NE’s resources. In this setting, IE is unable to show that his father would have agreed to this degree of support. Therefore, in relation to what IE had to repay of what he had paid to himself, IE is essentially seeking to be compensated for h...