Search Results

1. [2022] NZACC 38 – Jones v ACC (14 March 2022) [pdf, 199 KB]

   ...I said that if he just wants a number of treatments with osteo we can pay for that on the basis that the decision is sound and we are standing by it – but to resolve the dispute. 3 [8] Judge McGuire recorded his view that Ms Colvin’s response in this way was pragmatic and sensible. His Honour did not regard her response as affecting whether or not the Corporation’s decision relating to cover was right or wrong. [9] Judge McGuire then addressed a brief report of the exam...

2. Application for appointment as representative [pdf, 238 KB]

   ...F. I am an adult. I am not incapacitated, and there is unlikely to be any conflict between my interests and the interests of the specified person. G. The specified person is not a person lacking in capacity. H. I, the applicant, undertake to be responsible for any costs awarded against the specified person in the proceedings. PAGE 8Application for appointment as representativeV2 November 2021 Affidavit in support NOTE: You must – File an Affidavit containing enough information t...

3. Coroner-position-profile-2022 [doc, 62 KB]

   ...rostered basis, under the oversight of the Chief Coroner, to provide a 24/7 response Conflicts of interest Coroners must disclose any circumstances which may give rise to a conflict of interest. Administrative support The Ministry of Justice is responsible for providing administrative support to the Chief Coroner and must provide the administrative support necessary to enable coroners to perform their role efficiently and effectively. The Commissioner of Police must cause members of the...

4. 2023 NZPSPLA 006.pdf [pdf, 80 KB]

   ...their actions were unacceptable, and it is unfair that he is the only one that is facing any criticism. [8] I accept the police version of events rather than Mr Griggs. I note that Mr Grigg did not dispute the police witness statements in his response and at the beginning of the hearing he confirmed he did not disagree with what was in the statements of Senior Constables Neilson and Robertson. When giving evidence at the hearing he could give not particulars of what Senior Constab...

5. [2023] NZEnvC 099 Grenadier Limited v Manawatu-Whanganui Regional Council [pdf, 266 KB]

   ...to stand visibly and tangibly separate from the applicant representing their iwi interests. Accordingly, the court is asked to issue the summonses for the hearing on 17 July 2023 so that they may be served on the witnesses. Other parties’ responses [5] The covering email attaching the application states that the summonses “were foreshadowed in previous documentation and draft documents.” No response has been formally sought from other parties, although nor in the 1 Sta...

6. [2023] NZEnvC 108 Environmental Defence Society Incorporated v Marlborough District Council [pdf, 390 KB]

   ...clarify their interest in the Forest & Bird appeal but the court did not receive a response. That was in a context in which they had not participated in mediation that resulted in other parties settling and seeking a consent order. It is the responsibility of a party to duly prosecute their interest in an appeal. In this context, the fair and appropriate course is to proceed on the basis that nothing in these parties’ general interest in the appeal precludes the making of t...

7. Fulton v Accident Compensation Corporation (Costs on appeal) [2023] NZACC 107 [pdf, 152 KB]

   ...correspondence relating to costs be directed to him. Ms Koloni did not reply to Mr Gee. [4] On 17 May 2023, Mr Gee sent a further email to Ms Koloni outlining the costs and disbursements that the Corporation agreed to pay ($1,358.25), and asking for her response. On 22 May 2023, Ms Koloni again advised the Corporation that she did not have a contract with Mr Gee. [5] On 26 May 2023, Mr Gee for the Corporation submitted a memorandum that costs be awarded up to $1,158.88. Ms Kolo...

8. EQ & KQ v S Ltd [2024] NZDT 606 (22 July 2024) [pdf, 114 KB]

   ...amount. 11. KQ and EQ also claim their legal fees of $5,232.50 incurred in dealing with these issues. I accept that it is reasonably foreseeable that if a property is sold without complete Council sign off, and with other issues the vendor is responsible for, the purchasers may incur legal costs. While the Tribunal does not have jurisdiction to award costs associated with preparing for and attending the hearing, I accept that legal costs prior to that are a consequential loss suffered...

9. Wellington Standards Committee 1 v McCardle [2025] NZLCDT 11 (3 March 2025) [pdf, 81 KB]

   ...descending order of severity, s 241(a), (c), and (b): namely, misconduct, negligence or incompetence, or unsatisfactory conduct). The Standards Committee observes that our decision failed to address explicitly that Mr McCardle had admitted, in written response to the charges, one aspect as conduct amounting to negligence or competence (s 241(c)). The Standards Committee invites us to recall our decision and address Mr McCardle’s pleading. [2] We frankly acknowledge that we fell...

10. [2025] NZEmpC 224 Al-Bustanji v Corrections Assoc of New Zealand Inc [pdf, 206 KB]

    ...not be appropriate where there are “at least available starting points” for the argument — where its pursuit is not “unreasonable” nor “hopeless”. The costs regime should be predictable and litigants with “real arguments presented responsibly” to the courts should not fear an adverse increased costs award if their case fails. The standard costs regime recompenses in the case of normal failure. [15] The applicants say that, in view of the oversight in filing a chall...