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1. Deputy Registrar - Succession to Irihapeti Toria (2024) 88 Te Waipounamu MB 271 (88 TWP 271) [pdf, 425 KB]

   ...obligation to determine whether alleged facts are proved or not, it cannot discharge that obligation by accepting without inquiry the findings of another court or tribunal as to the existence of those facts. To do that would be to abdicate its responsibility to determine the facts for itself. [68] There is some case law which does support the principle that findings of another court are presumed to be accurate. However, this presumption seems to be applied exclusively in the cas...

2. Estate of Te Aonui v Accident Compensation Corporation (Personal Injury) [2023] NZACC 147 [pdf, 375 KB]

   ...treating orthopaedic surgeon, has opined that the axial force (compression) through the lumbar spine at the time of the accident gave rise to momentary disc bulging, causing swelling of the spinal nerves that has failed to resolve, and that is responsible for ongoing symptoms. This explanation would certainly explain ongoing lower limb symptoms. The mechanism of injury, time course of symptoms development, and the fact that Mr Te Aonui is left with back pain, is all consistent wi...

3. Ambridge v Accident Compensation Corporation [2023] NZACC 198 [pdf, 240 KB]

   ...which claims may be made and the time limits in which they are to be made. [26] I am not satisfied that the adoption of a generous approach to what might constitute the lodging of a claim for cover can focus upon the nature of the Corporation’s responses to an initiative by a claimant. Conceptionally, the adequacy of what is submitted as a claim may, in some circumstances, be influenced by the nature of the Corporation’s response to it, however, that does not justify an approa...

4. Y v Secretary for Justice [2023] NZRA 004 (12 April 2023) [pdf, 269 KB]

   ...service delivery systems (Regulation 9). An applicant must also be a “fit and proper person” (Regulation 9(c)). None of those criteria are in issue in this application, and it is not necessary to refer to them any further. The Secretary’s Response and the Applicant’s Request for an Internal Review [6] By letter dated 4 October 2022, the Secretary declined the application. The Secretary’s reasons for declining the Applicant’s application were explained as follows i...

5. 2023-09-26-SOE_Peter-Kinley_Hydrology-and-Flooding.pdf [pdf, 311 KB]

   ..................................................................................... 15 Review of the Project design........................................................................ 15 G. DESIGN STORM EVENTS .................................................................................... 16 H. RESPONSE TO SECTION 274 PARTY EVIDENCE .................................................. 17 Prouse Property .................................................................................

6. [2023] NZREADT 19 - NQ v Real Estate Agents Authority (CAC 2104) (9 August 2023) [pdf, 169 KB]

   ...bundle. 5 [25] In regard to the advertising text, the agency was satisfied with the way the property was represented regarding the location and the study. Complaint to the Authority [26] The purchaser was not satisfied with the agency’s response, so he made a complaint to the Authority on about 17 March 2021.6 He set out the content of his letter of complaint to the agency. [27] An explanation was provided by the auctioneer to the Authority on 21 July 2021.7 He s...

7. Burson v Accident Compensation Corporation (Entitlement to Surgery) [2024] NZACC 36 [pdf, 270 KB]

   ...discectomy and disc replacement at both levels. We do need to understand exactly what is going on with the vascular tree in his upper left limb. It may be that the change in colour and the swelling we see of the vessels is a sympathetic mediated response related to his disc injuries, but I think it would be foolish to make this assumption. We will apply to ACC for funding, await their decision and chase his vascular notes. If these are unacceptable or incomplete, I will have him seen...

8. Canterbury Westland Standards Committee 2 v Mr U [2024] NZLCDT 4 (9 February 2024) [pdf, 173 KB]

   ...destroyed his life. He went on to refer to the policeman who attended a burglary which had occurred at his premises as “an ignorant and oafish forensic Policeman…”. In the course of the memorandum, he made further complaints about the lack of responsiveness by X firm and referred to failures to respond as a “common tactic of Mr J”. He accused the X firm of misleading the Court, and later called them “morally bankrupt”. He went on to state, “I accept I’ve lost all...

9. Chalecki v Accident Compensation Corporation (Entitlement to Vocational Rehabilitation Costs, Decision Capable of Review) [2023] NZACC 88 [pdf, 297 KB]

   ...financial assistance to the incapacitated person. On that basis, Mr Chalecki submitted that given the communications between him and ACC, it simply cannot be correct that ACC did not make a decision with regard to his rehabilitation. (18) In response to that submission, the authority found: [39] For the Corporation, Mr Barnett submitted that it is not sufficient to refer to an administrative process and assert, for example, that the claimant wanted certain rehabilitation or treat...

10. National Standards Committee 2 v Tingey [2023] NZLCDT 22 (17 May 2023) [pdf, 302 KB]

    ...affair that broke down then resumed more than once. [5] During the relationship, at different times, Mr Tingey behaved extremely poorly. There is no question that the worst behaviour, in November of 2009, ought to be subject to a disciplinary response. That is accepted by the practitioner himself. [6] The Tribunal is asked to determine facts surrounding other examples of poor behaviour, which were frightening and distressing for the complainant, but might be 3 seen...