Search Results

1. Family-Court-Associates-position-description-and-appointments-information [pdf, 615 KB]

   ...Family Court, it is also expected that candidates will demonstrate a high level of understanding as it pertains to children’s development and rights. A Family Court Associate will need to be available to travel and work at other court locations in response to peaks in demand and the evolving needs of the Family Justice system. The criteria for appointment and required skills and experience for the role are set out later in this document. Jurisdiction and Powers Section 7C of the...

2. Roberts v ACC (Claims process) [2024] NZACC 69 [pdf, 198 KB]

   ...Borowski v Attorney-General. They are, first, the importance of the adversarial nature of the appellate process in the determination of appeals, secondly, the need for economy in the use of limited resources of the appellate courts and, thirdly, the responsibility of the courts to show proper sensitivity to their role in our system of government. In general advisory opinions are not appropriate. … [24] The Court's primary responsibility is to determine live controversies be...

3. Easthope v Accident Compensation Corporation (Claims Process) [2024] NZACC 087 [pdf, 160 KB]

   ...(2) The rights and obligations in the Code— (a) are in addition to any other rights claimants have and obligations the Corporation has under this Act, any other enactment, or the general law; and (b) do not affect the entitlements and responsibilities of claimants under this Act, any other enactment, or the general law. [15] Section 149(3) of the Act provides that neither a claimant nor the Corporation may appeal to the District Court against a review decision on a decision...

4. CD v X Ltd [2024] NZDT 262 (26 March 2024) [pdf, 140 KB]

   ...was that she was not a bona fide customer at the time she parked there, and she had left her vehicle there overnight. 17. CD estimated she spent approximately 10 minutes completing each of the appeals to QF. Allowing time for her to read the response and the later phone call, I find it likely than CD has spent approximately half an hour to 45 minutes dealing with this matter with QF. 18. Given the amount of time involved, I am not satisfied that CD has suffered any financial loss...

5. FCA Judicial appointment information booklet [pdf, 615 KB]

   ...Family Court, it is also expected that candidates will demonstrate a high level of understanding as it pertains to children’s development and rights. A Family Court Associate will need to be available to travel and work at other court locations in response to peaks in demand and the evolving needs of the Family Justice system. The criteria for appointment and required skills and experience for the role are set out later in this document. Jurisdiction and Powers Section 7C of the...

6. [2024] NZEnvC 164 Barbican Securities Ltd v Auckland Council [pdf, 162 KB]

   ...declined, with the question of costs reserved. Application for costs [3] By application dated 28 August 2023, the Council applied for costs in the sum of $55,415 being approximately 25 per cent of its legal and expert witness costs. [4] In response, by Memorandum dated 4 September 2023, Barbican sought that the Court exercise its discretion to defer a decision on the costs application until such time as its, [then] yet to be filed, appeal to the High Court was resolved. Barbican...

7. 2024 NZPSPLA 058.pdf [pdf, 143 KB]

   ...on the legalities of doing this work as there is a link to them on the home page of the PSPLA website. [27] I have considered whether ordering further training would be appropriate. However, I accept Mr Simpson has improved his knowledge of his responsibilities as a licence and certificate holder throughout the complaint process. Further training is no longer necessary. [28] I therefore conclude that the appropriate penalty for Mr Simpson and King’s Security’s unsatisfactory...

8. UI & II v SG [2024] NZDT 224 (6 March 2024) [pdf, 207 KB]

   ...Is SG liable in tort for the damage to the driveway? • What was the extent of damage likely caused by any trespass? • What was the loss caused by any trespass? Is SG liable in tort for the damage to the driveway? 8. I find that SG is responsible for the trespass onto II and UI’s land by the sub-contractor’s truck, as he acknowledges directing the truck to access the neighbouring land. While SG cannot recall having been told not to use II and UI’s land, he also cannot...

9. ER Ors v T Ltd [2023] NZDT 580 (15 November 2023) [pdf, 189 KB]

   ...cancelled flights. HS said that it was usually the job of the airline who caused the delay (in this case [Airline 2]) to action this flight inhibitor. However, it is important to note that HS specifically said he was not passing the blame or the responsibility to [Airline 2]. 9. T Ltd said that regardless of who or what caused the cancellation of the flights, it has met its obligations because it refunded the family the cost of the unused portion of their tickets from [Country 2] to...

10. [2023] NZEnvC 153 Argosy Property No.1 Limited v Auckland Council [pdf, 287 KB]

    ...made on 1 December 2022 (and publicly notified on 26 January 2023), to approve (with modifications) Plan Change 71 (PC71) to the Auckland Unitary Plan Operative in part (AUP). Background [2] PC71 is a Council-initiated plan change and arose in response to the requirements of Policy 11 of the National Policy Statement on Urban Development 2020 (NPS-UD) to remove all car parking minimums, and provisions that had the effect of requiring car parking minimums, from the AUP. Policy 11...