Search Results

1. [2022] NZACC 53 - Stewart v ACC (4 April 2022) [pdf, 163 KB]

   ...raised the issue of the reference to an incorrect date of receipt of the review application, in the decision letter. This application resulted in a reinvestigation of the original complaint. [18] On 23 September 2020, the Corporation sent an updated response to the code complaint, acknowledging that the Corporation had breached the Code of Claimants’ Rights. This revised decision also corrected the date of receipt of the review application to 20 December 2019. [19] On 23 Septem...

2. [2022] NZIACDT 12 - LS v Murthy (27 May 2022) [pdf, 98 KB]

   ...Mortimer-Wang is counsel for Ms Murthy. In her submissions of 12 May 2022, she noted that Ms Murthy had accepted early in the proceedings that she should have acted more diligently in providing written updates to the complainant. She had accepted responsibility for this aspect of the complaint after she had the opportunity of receiving legal advice. Counsel also notes Ms Murthy’s health in about August 2020, which played 4 a part in the lapse of the standard of her client ca...

3. [2022] NZEnvC 139 Cossens v Queenstown Lakes District Council [pdf, 182 KB]

   ...Ex-parte application for interim enforcement order dated 27 June 2022 at [3.7]. 6 J Cossens affidavit at [2]. 7 J Cossens affidavit at [3]. 8 J Cossens affidavit at [4]. 9 J Cossens affidavit at [5]. 10 J Cossens affidavit at [6]. 6 responses;11 (g) meet the agreed consultation commitments;12 (h) provide sound s32 analysis.13 QLDC’s position [13] In reply, QLDC submits that:14 7.1 The Application is generally flawed and beyond redemption. It is not the role of t...

4. [2022] NZACC 146 – TR v ACC (26 July 2022) [pdf, 180 KB]

   ...evidence covering the period from the Reviewer’s decision of 29 October 2019 to the lodging of the appeal on 21 June 2022. [6] The appellant was directed to provide further submissions and evidence, and the Corporation was directed to provide a response. [7] On 11-14 July 2022, the appellant filed further medical records, including: (a) A report by Ms Bethany Price, Psychologist, dated 16 December 2019, following nine psychological sessions (in July-December 2019) with the...

5. [2022] NZEmpC 34 Henderson Travels Ltd v Kaur [pdf, 210 KB]

   ...merit of the company’s challenge. Will the challenge be ineffectual? [16] Mr Singh, counsel for Henderson Travels, concentrated on doubting Ms Kaur’s ability to repay if the challenge succeeded. The company’s position was not altered in response to the proposal in Ms Kaur’s notice of opposition. [17] Preeti Sikri, a director of Henderson Travels, and Vyom Sikri, until recently a director of the company, both expressed concern about Ms Kaur’s personal circumstances stemm...

6. Mfe T Ensor Supplementary evidence on pRPS 20 July 2021 [pdf, 197 KB]

   ...resilience (Policies IM-P9, IM-P10 and IM-P11). These provisions are relatively general and do not provide for HEG specifically but aim to enhance environmental resilience, and identify and implement climate change adaptation, mitigation and response. 5 6121072 To what extent is PC7 consistent with policy direction in the pORPS for HEG activities and climate change? 19. My opinion is that PC7 is consistent with the pORPS in terms of HEG activities. Objective EIT-EN-O2 and...

7. EC COVID-19 Protocol - All Alert Levels 6 September 2021 [pdf, 160 KB]

   ...as possible, taking instructions and briefing witnesses outside the courthouse. d. Raising any deficiencies with cleaning, the availability of cleaning supplies or physical distancing with the site manager immediately. Community transmission response 23. It remains possible that a new cluster of COVID-19 community transmission may be confirmed within the location served by a courthouse. In that event, the Court will rely on official advice. Steps may be taken to reduce in-person...

8. [2023] NZEnvC 023 Chen v New Zealand Transport Agency [pdf, 275 KB]

   ...objectives; and (i) the unsuccessful appeal resulted in a significant delay to the Project, including the loss of the summer construction season between lodgement of the appeal on 13 October 2020 and the hearing occurring in August 2021. Mr Chen’s response Mr Chen submitted that costs should lie where they fall. Mr Chen accepted that: (a) Waka Kotahi is a public body funded by central government; (b) his sole concern was the location of the turnaround at 601 SH16; (c)...

9. [2023] NZEmpC 67 Bennett v Goldie [pdf, 199 KB]

   ...representatives has been the subject of discussion. The issue is, however, principally one for Parliament.8 [18] Nevertheless, as the Court and the Authority have previously noted, all representatives in employment law matters have a considerable responsibility to the people or businesses they represent. If representatives find they cannot properly represent their clients, they should advise their clients of the true state of affairs and help them find assistance elsewhere.9 [19...

10. EQ v F Ltd [2023] NZDT 175 (27 June 2023) [pdf, 149 KB]

    ...problems with it in the first 18 months. The belt stopped going around in June 2022 and F Ltd did fix the problem. About one month later it would not go up and down properly. EQ says that he filled out an online service request form, but has not has a response, so F Ltd has not carried out a repair. EQ said the repair technician for the first fault told him the repair would not be covered under warranty because regular maintenance was not followed, therefore voiding all warranties. EQ want...