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1. Hastie and Dredge TRI-2023-100-001 Procedural Order 4 [pdf, 154 KB]

   ...is liable for the creation or allowance of that defect, then they will fail in that part of their claim. The fourth respondent will have all the usual rights to challenge any evidence against it and to put the claimants to proof on its alleged responsibility for any of the claimed defects. [56] I also do not accept the fourth respondent’s claim that it will be difficult to identify independent experts and witnesses. There certainly is no lack of independent building experts tha...

2. [2021] NZACC 133 – Larason v ACC (17 August 2021) [pdf, 373 KB]

   ...related weakening of the connective tissue of the linea alba and other factors which may include cigarette smoking, obesity chronic cough etc. The same weakness in the connective tissue which allows the formation of a divarication of the recti is responsible for the formation of an umbilical hernia. The umbilicus is the scar that marks the connection between the foetus and placenta. It lies at a variable point in the midline depending on patient habitus, in the linea alba. The...

3. DL v Accident Compensation Corporation (Work Related Mental Injury) [2022] NZACC 178 [pdf, 395 KB]

   ...younger son) and later (the older son) from his rape experience – she has been subjected to repeated exposure to this also in that explanation have had to be given over and over for various purposes e.g. WINZ, legal, ACC, counsellors. Her responses have involved intense fear, helplessness and horror. [15] On 12 February 2020, the appellant was assessed by neuropsychiatrist, Dr Gil Newburn. Dr Newburn set out a detailed account on her history and noted: Things reach somewhat...

4. [2023] NZREADT 16 - CAC 1901 v KC (3 July 2023) [pdf, 158 KB]

   ...break-in, which had stressed them all. They had spent about $5,000 to date on security measures including a dog. Prior to moving to New Zealand, there had been an attempted break-in at their home [overseas]. [22] On [date], the defendant provided her response to the Authority. She advised that the manager was unable to facilitate an inspection due to surgery. An inspection was therefore arranged by the defendant and took place on 19 January. [23] According to the defendant, it was...

5. Julian v Accident Compensation Corporation [2024] NZACC 115 (16 July 2024) [pdf, 272 KB]

   ...brain are largely supplied by specific blood vessels which have poor interconnections, giving rise to poor collateral flow when a vessel becomes occluded or flow is compromised. [Emphasis added] [36] Dr Child reported on 5 May 2024, providing responses to the questions as follows: 1. Do you agree with the diagnosis as explained by Dr Timmings of a spinal cord infarction? It appears that the consensus opinion including from several neurologists is that the likely diagnosis fo...

6. Trinder – Kopu – Mangati B2B (2024) 485 Aotea MB 55 (485 AOT 55) [pdf, 1023 KB]

   ...to allow access and other service easements if a partition was granted in the areas currently proposed or whether their proposed sites could be amended to allow for access. I advised that this might not be necessary if I was satisfied with the responses from the council representative about the designated road through the Block.5 (c) I noted that whether partitioning was necessary and whether there were reasonable alternatives to partitioning was a key issue. I therefore invited b...

7. [2025] NZEmpC 90 Youtap Ltd v Johnston [pdf, 244 KB]

   ...had the funds to make those payments. Dr Johnston accrued annual leave in YMMA’s books. [16] Mr Jones rejected that there were no changes to Dr Johnston’s role and work following the relocation. He accepted that Dr Johnston retained the responsibility of being the Youtap Group’s chief technical officer and was still part of the Youtap Group senior management team, but says, however, that the focus of Dr Johnston’s work was growing YMMA’s business in the wider Asian mark...

8. [2024] NZEnvC 209 Bettley-Stamef Partnership v Waikato District Council [pdf, 1.1 MB]

   ...the proposal is of particular interest to iwi or the community. The only parties interested through the appeal process are the group of landowners, HCC and Fantess Ltd. The proposal is likely to be of local significance only; • the proposal is in response to the completion of the Waikato Expressway and the constraints for primary production due to the topography and existing fragmentation. The proposed rezoning is consistent with the current landuse pattern of the site; • the proposal...

9. Paea v McLeod - Succession to Donald Te Whetu McLeod [2024] Chief Judge's MB 1982 (2024 CJ 1982) [pdf, 564 KB]

   ...opportunity to be heard. The date and time of the hearing to be advised in due course. Ko te hātepe ture o te tono nei Procedural History [5] The Registrar’s Report was distributed to parties on 8 April 2022, and they were notified that responses should be filed in writing within 28 days of receiving the Report. [6] The matter was set down for hearing on 20 June 2022 before former Chief Judge Isaac. On 14 June 2022, the mother of the respondent, Robyn Barnes, sought an adjo...

10. [2019] NZEnvC 179 Lindis Catchment Group Incorporated v Otago Regional Council [pdf, 4 MB]

    ...sought by the LCG and its members were set out in a table2 supplied by its counsel in opening. Because we could not make the individual primary allocations add up to the claimed total we sought clarification of this after closing and received in response the affidavit of Ms S A Dicey dated 2 August 2019. No party has questioned Ms Dicey's figures or her explanation of earlier anomalies. Based on that, we set out in Table 1.1 (next page) a simplified3 table of the proposed permits...