Search Results

1. Jones v Accident Compensation Corporation [2016] NZACA 02 [pdf, 250 KB]

   ...October 1997 declining to revisit the 1994 decision. Mr Jones’ health did not prevent him from diligently pursuing other claims, reviews, appeals and court proceedings, nor from instructing lawyers during that period of 20 years. [100] The responsibility for the delay in pursuing an appeal lies overwhelmingly with Mr Jones. The strength or merits of the applicant’s underlying case [101] This is regarded as the most important factor in assessing whether to grant an extension...

2. Rogers v Stirling - Taungaure No.2 (2010) 21 Waiariki 205 (21 WAR 205) [pdf, 205 KB]

   ...the lot to its meeting with the existing fence line. Which block of land is outlined in red on the plan attached hereto. Furthermore: Auntie shall replace the fence along the boundary referred to in paragraph 1(b) herein and shall also be responsible to fence one half of the boundary referred to and described in paragraph 1(c) herein, all such fencing to be completed within six months. The family shall fence the following: a) The northern boundary of the land. b) One ha...

3. Waxman v Pal (Application for Non-Publication Orders) [2017] NZHRRT 4 [pdf, 322 KB]

   ...public understanding of how the law works. Because the Tribunal’s decision contained no restrictions on the publication of Dr Waxman’s name, the blog post had been published with identifying details intact. While expressing the view that sole responsibility for the publicity attendant on Dr Waxman’s dispute with her former employer (and its sequel in the Tribunal) fell on Dr Waxman, the Commissioner made the following observation, an observation on which Dr Waxman now places some...

4. [2018] NZEnvC 094 Page v Whanganui District Council [pdf, 1 MB]

   ...persistent failure to comply with the Court's directions;6 (g) A decision on an application by Mr Page seeking to cancel the abatement notices on which the first and further substantive decisions and the enforcement orders were based, in response to which the Council advised that as the enforcement orders had replaced the abatement notices, it would cancel the abatement notices, rendering the application otiose and it being declined accordingly; 7 (h) A decision on an app...

5. OWRUG - EiC - S H McKeague - Agriculture (4 Feb 2021) [pdf, 1022 KB]

   ...permits for the scheme and other environmental management matters) (f) Lindis Catchment (i) Permit replacement and minimum flow discussions for the whole catchment. (ii) Ardgour Pipeline Ltd (Farm plan auditing). 14. This client list and responsibilities provides myself and McKeague Consultancy with a detailed understanding of the water quantity issues in the region. ORC inconsistent on messages related to data and knowledge 15. Mr Tom de Pelsemaeker’s Clause 46 states:...

6. Short v Stowers - Te Tumu Kaituna 14 Block [2020] Māori Appellate Court MB 141 (2020 APPEAL 141) [pdf, 274 KB]

   ...It is also important to underscore the general objectives set out in s 17 of the Act. Those objectives include ascertaining and giving effect to the wishes of the owners. In this context we consider three points are apposite. First, it is the responsibility of the trustees to manage the trust land and assets prudently. That includes the duty to consider commercial use and development of the land, especially where there are continuing standing charges like local authority rates tha...

7. Establishing a Criminal Cases Review Commission [pdf, 395 KB]

   ...This may require the CCRC to adopt a more inquisitorial approach to reviewing suspected miscarriages of justice than exists under the current system, but it would not extend to reopening or reinvestigating a case with a view to determining criminal responsibility. 58 The CCRC might, for example, proactively assist a potential applicant to identify possible grounds for an application. I anticipate this ability would be exercised rarely, and generally in cases where an individual lacks the...

8. Beauchamp v B & T Co (2011) Ltd [2022] NZHRRT 10 [pdf, 246 KB]

   ...and her tummy was getting bigger. Our client’s letter dated 24 September 2016 was drafted after this discussion, hence the reference to Marika’s pregnancy.” [43] After Ms Greally discussed this letter with Ms Beauchamp she wrote a letter in response. Her letter dated 25 October 2016 records her key instructions from Ms Beauchamp at that time, including she was not a casual employee and she did not agree to finish on 9 October 2016. The letter also refers to the statements Ms Du...

9. [2021] NZACC 69 - Auva'a v ACC (28 April 2021) [pdf, 312 KB]

   ...a range of activities that he was unable to do at home. He could not mow the lawns. He was unable to lift heavy objects. Everything would involve the use of his injured hands. He did not think it would be safe for him or others to have a responsibility as a caretaker. In his job at the printers, he had only one job with a small set of tasks which he did for more than 30 years. With his injuries, he would find multitasking and doing a range of different, demanding roles very...

10. L v EQC [2021] CEIT-2019-0036 [pdf, 411 KB]

    ...earthquakes. He is a civil engineer, has worked for the Christchurch City Council and worked as a real estate agent. He is an experienced landlord. He is neither inexperienced nor naïve. During the hearing he was often un-necessarily aggressive in his responses. From reading the EQC interview transcripts, I note that Mr M was also unnecessarily aggressive in his responses in those interviews in 2012. At one point, under cross-examination he threatened to leave the Tribunal hearing....