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1. Karaitiana v Waka Kotahi - Parahaki Island (2022) 454 Aotea MB 299 (454 AOT 299) [pdf, 1.6 MB]

   ...of the site visit. [5] I record my appreciation to counsel for Waka Kotahi and the staff and consultants who assisted the court on site and at the hearing. I was also assisted by the additional evidence filed by Waka Kotahi after the hearing in response to my directions. I discuss Mr 454 Aotea MB 301 Baildon’s affidavit at paragraph 23 and following. I also record my appreciation for the assistance the trust chair, Mr Karaitiana, and trustee Ms Te Huia were able to provide....

2. X Ltd v II [2021] NZDT 1539 (14 May 2021) [pdf, 169 KB]

   ...II and BI’s plumber undertook the work requiring a registered plumber, their digger operator backfilled the open trenches and other trades persons employed by them carried out work which, pursuant to the contract between XL and II and BI, was the responsibility of XL. [22] I therefore find that XL failed to ensure that it had the requisite resources to undertake the project. I also find that there were aspects of the project which were not carried out with reasonable care and skill in...

3. [2023] NZSSAA 009 (10 July 2023) [pdf, 175 KB]

   ...granted only if such a grant is justified having regard to (as relevant to this appeal): assistance available to the applicant from other sources; the matters in clause 2(1)(d); any other matters considered to be relevant. [11] An amendment in response to the global COVID-19 pandemic added Clause 2.2,2 which allows the Ministry to not require verification of any particular expense if a state of local or national emergency is in force, an epidemic notice has been given or is in fo...

4. 2023-05-22-Form-33-James-McDonnell-Limited.pdf [pdf, 9.4 MB]

   ...ROAD GLADSTONE ROAD AR ET E LA NE RU AP AI D RI VE © Orogen Limited - All Rights Reserved. This document is produced by Orogen Limited for the sole use and benefit of the original recipient. Orogen Limited does not and shall not assume any responsibility or liability whatsoever for any use of this document by a third party Unit 1a - 10 Surrey Street, Tawa PO Box 56051 - Tawa - Wellington 5249 1 18/06/2021 FOR INFORMATION CBR DVB NOT TO BE USED FOR CONSTRUCTION PURPOSES FOR INFOR...

5. Wati v Accident Compensation Corporation (Claims process and Costs on Appeal) [2024] NZACC 109 (27 June 2024) [pdf, 198 KB]

   ...accidents on 15/11/2018, 05/12/2018 and 02/01/2019 caused physical injuries beyond simple sprain / strain / contusion type injuries. These injuries would have resolved through normal tissue healing processes within 8 weeks at most. … 5 The responses from Mr Hermann do not support the injuries related to the accidents on 15/11/2018, 05/12/2018 or 02/01/2019 are contributing to the client's current symptoms. The covered contusion injury related to the accident on 02/01/1...

6. [2023] NZEnvC 088 Barr Family Trust v Wakatane District Council [pdf, 450 KB]

   ...please contact the Council’s Planning Department for clarification before starting work. 2. Under section 125 of the RMA, this resource consent will lapse in five years, unless it is given effect to within that time. 3. It is the consent holder’s responsibility to comply with any conditions imposed on this resource consents prior to and during (as applicable) exercising this resource consent. 4. A copy of the authorisation from the New Zealand Transport Agency for the new vehicle crossin...

7. AD v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 118 [pdf, 201 KB]

   ...replied to Ms Gunn, requesting details of the specific nature of the abuse. [7] On 31 March 1995, Ms Gunn replied that her report was not sufficient to substantiate the appellant’s claim as the counselling sessions had related to the family’s responses to the disclosure of sexual abuse. Ms Gunn noted that she was no longer treating the appellant. 3 [8] On 11 April 1995, the Corporation asked the appellant for the name and address of her counsellor, and noted that if...

8. [2024] NZIACDT 19 – SC v Murthy (21 June 2024) [pdf, 244 KB]

   ...NZ wrote stating the complainant appeared not to be entitled to a visa since refugee status had been refused. He was invited to comment. Ms Murthy then entered into another service contract with the complainant on 24 January 2023 to cover the response to Immigration NZ. She duly responded on 12 February 1 SC v Murthy [2024] NZIACDT 14. 3 2023. Immigration NZ declined the visa on 6 April 2023 on the basis that refugee status had been refused. [9] A complaint was made to...

9. Emet v New Zealand Transport Agency 2023 NZHRRT 41 [pdf, 229 KB]

   ...HEARING: 6 July 2023 DATE OF DECISION: 21 November 2023 DECISION OF TRIBUNAL1 [1] In 2016 the Crown by voluntary agreement acquired Mr Emet’s home under the Public Works Act 1981. Waka Kotahi New Zealand Transport Agency (NZTA) was responsible for negotiating the acquisition process with Mr Emet. [2] In November 2021 Mr Emet filed these proceedings alleging NZTA had discriminated against him twice in breach of the Human Rights Act 1993 (HRA). He says this discrim...

10. LR v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 109 [pdf, 286 KB]

    ...the right not to be deprived of life including quality of life, is illimitable and cannot have limits placed on it/ (f) Did the Judge err when he failed to also consider as part of the interpretative process NZ’s international obligations and responsibilities pursuant to the United Nations Conventions on the Rights of the Child and the Rights of Persons with Disabilities, including clause 26? The District Court Judgment [11] Judge Spiller acknowledged the applicant’s profound...