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1. [2024] NZEnvC 073 Diamond Creek Farm Limited v Waikato District Council [pdf, 14 MB]

   ...their content has a bearing on resource management issues of the district; to consistency with plans and proposed plans of adjacent territorial authori es;53 and to any emissions reduc on plan or na onal adapta on plan made under the Climate Change Response Act 2002;54 (b) take into account any relevant planning document recognised by an iwi authority;55 and (c) not have regard to trade compe on56or the effects of trade compe on; 7. The formal requirement that a district plan (change)...

2. [2024] NZEmpC 105 Watkins v Highmark Homes Ltd Interlocutory Judgment [pdf, 281 KB]

   ...caused by Highmark Homes? [44] Ms Watkins submits that security for costs should not be ordered against her because even if she is not likely to be able to pay an adverse costs award, her poor financial position was caused by Highmark Homes. In response, Highmark Homes submits that her financial situation was caused by the proceedings she brought against Highmark Homes in the Authority. [45] Where a defendant’s actions, that are the subject of the cause of action, caused a pl...

3. Langston v Accident Compensation Corporation (Claims process) [2024] NZACC 93 (30 May 2024) [pdf, 214 KB]

   ...his incapacity. There can be no question that, over a period of nearly 11 years, Mr Langston was well aware of the need to present all relevant medical and other evidence in support of his claim and had full opportunity of doing so. There is a responsibility on litigants to bring their whole case before the Court so that all aspects of it may be finally decided.13 [38] Third, Judge Henare, in her judgment of 30 September 2021, made a clear finding on the issue of whether Mr Langst...

4. Hill v Accident Compensation Corporation (Interest on weekly compensation) [2023] NZACC 216 [pdf, 212 KB]

   ...(b) Period 26 October 2004-27 January 2005: the AID should be 26 October 2004, being the date when Dr Campbell first noted carpal tunnel syndrome symptoms, and not 15 November 2018, when the Corporation received Dr Lobo’s report. [49] In response, this Court notes the following considerations. [50] First, on the evidence available to the Court, the Corporation first received notice of Mr Hill’s request for reassessment (leading to reinstatement of weekly compensation), based...

5. [2023] NZEnvC 159 Beachen v Auckland Council [pdf, 637 KB]

   ...days in any calendar year The Council submits that the tiny home is captured by the specifically listed activity, as it is over 1.5m in height; is used for more than 32 days in any calendar year; and is used as a residential dwelling.57 In response, Mr Beachen claims that there are plenty of structures that are buildings, which are not dwellings including farm sheds, garages, shops, commercial premises and schools.58 He referred the Court to s 8(1)(a) Building Act 2004, which...

6. McLeary v ACC (Personal injury) [2024] NZACC 74 [pdf, 228 KB]

   ...so on the basis of clinical signs and as a working diagnosis. Trochanteric bursitis appears to be the condition initially treated by Dr Thompson, but the trochanteric bursa was not ultimately the pain generator because Ms McLeary had a negative response to a steroid injection, she had persistent symptoms in the right lumbar buttocks and lateral and thigh areas, and the most recent MRI scan from August 2023 showed no evidence of trochanteric bursitis. So, if bursitis was present, it...

7. Ratima v Ratima - Tahoraiti 2A 12A (2023) 105 Takitimu MB 29 (105 TKT 29) [pdf, 312 KB]

   ...Tahoraiti No 1A Section 3 blocks now owned by Mabel Whakarongo Ratima, Paul Te Rapa Ratima, Raymond Morris Ratima and William Te Whetu Ratima 105 Tākitimu MB 44 in Christopher William Southgate and Paul Te Rapa Ratima, in their capacity as responsible trustees of the Waikari Ratima Family Trust. I whakapuaki i te 12:00pm i Te Whanganui a Tara, i te 22 o ngā rā o Hepetema i te tau 2023. ${signature} D H Stone JUDGE

8. Lee v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 176 [pdf, 352 KB]

   ...reviewed literature does indicate a significantly increased risk of developing Parkinson’s Disease in genetically vulnerable individuals exposed to TCE for a significant period, ie. those with a family history of Parkinson’s Disease. [23] In response to Dr McBride’s report, Ms Becroft posed a number of questions to Dr Monigatti. [24] Dr Monigatti reported on 10 April 2023. He commented on the exposure levels to trichloroethane that the appellant indicates in his...

9. Director of Proceedings v Health New Zealand [2025] NZHRRT 1 [pdf, 495 KB]

   ...person presented and represented multiple times to SDHB with the same complaint. During the first few presentations it would have been reasonable to treat him without further investigations. During subsequent presentations and admissions, the responsibility to ensure appropriate diagnosis and treatment should have increased significantly. This did not happen. Instead every admission steadfastly repeated the previous admission plan, despite the evidence that the treatment was not w...

10. Disputes-Tribunal-Amendment-Bill_FINAL.pdf [pdf, 1.5 MB]

    ...dispute, and at higher values this benefit is even greater. A filing fee of $468 for claims 6 The Rules Committee is a statutory body established by s 51B of the Judicature Act 1908 and continued by s 155 of the Senior Courts Act 2016 and has responsibility for procedural rules in the Supreme Court, the Court of Appeal, the High Court, and the District Court. I N C O N F I D E N C E 4 I N C O N F I D E N C E between $30,000 to $60,000 is justified as it is appropriate fo...