Search Results

1. [2021] NZEmpC 208 ABC v DEF [pdf, 315 KB]

   ...differences. As observed recently by the Supreme Court, good faith means the parties must not mislead or deceive one another, but its effect is wider than that.29 Parties must also be “active and constructive ... [and] ... among other things, responsive and communicative”.30 [53] In the context of mediation, acting in good faith does not mean parties must settle at any cost, but common sense would suggest parties should not deceive or mislead; and should also, for example, b...

2. [2021] NZEnvC 168 Director-General of Conservation v Thames-Coromandel District Council [pdf, 454 KB]

   ...primary decision on appeal. We indicated our likely decision on the evidence and submissions of parties in circumstances in which a hearing could not be held due to a COVID-19 Alert Level 3 lockdown. We directed that parties lodge any responses to the draft decision by 9 July 2021. In the interests of succinctness we do not traverse again the matters set out in the June draft decision, but instead attach it as Annexure 1 to this decision. The original appeal decision...

3. [2021] NZACC 119 - Koloni v ACC (3 August 2021) [pdf, 251 KB]

   ...of Ms Koloni’s lumbar spine. Dr Reeves noted that there was mild to moderate end- plate update at the L4/5 and L5/S1 levels associated with loss of disc height, and end plate sclerosis with osteophyte formation. (f) On 11 September 2017, in response to Ms Koloni’s claim for lumbar surgery, Dr Reeves reviewed the 2015 MRI and 2016 CT scans. He assessed that the scans showed that the changes at Ms Koloni’s L4/5 and LS/S1 levels were largely degenerative in nature. 12 See...

4. [2022] NZEnvC 260 Tasman District Council v Awaroa Aerodrome Limited [pdf, 3.1 MB]

   ...with expertise in relevant professions may identify. [15] On 16 December 2021 the Council filed a draft order in accordance with the Court’s direction. [16] On 4 February 2022 counsel for the First Respondent and some others filed a memorandum in response to the draft orders which had been submitted. The response raised a number of issues. Firstly, paragraphs 6 – 11 raised the following matters: Reasons for objections to draft orders Not all helicopter use in Awaroa is unlawf...

5. LCRO 100/2021 QT v Righteous Law Ltd (21 June 2022) [pdf, 252 KB]

   ...KG and his team.2 Much of the work on Ms QT’s file was carried out by Mr KG and his team. Another director of the firm, Mr LD, signed the certificate to [Bank A] New Zealand Limited ([Bank A]). Consequently, Ms PS herself is not the person responsible for much of the conduct under consideration in this review. [5] Section 132(1)(a) of the Lawyers and Conveyancers Act 2006 enables complaints to be made against an incorporated law firm. In the circumstances, I formed the view...

6. [2021] NZACC 119 - Koloni v ACC (03 August 2021) [pdf, 238 KB]

   ...of Ms Koloni’s lumbar spine. Dr Reeves noted that there was mild to moderate end- plate update at the L4/5 and L5/S1 levels associated with loss of disc height, and end plate sclerosis with osteophyte formation. (f) On 11 September 2017, in response to Ms Koloni’s claim for lumbar surgery, Dr Reeves reviewed the 2015 MRI and 2016 CT scans. He assessed that the scans showed that the changes at Ms Koloni’s L4/5 and LS/S1 levels were largely degenerative in nature. 12 See...

7. [2022] NZEmpC 56 Urban Décor Ltd v Yu [pdf, 290 KB]

   ...her employer with little mention of the termination of her employment. [18] At some point in December 2019 or January 2020, Mr Han provided statements in reply. Both were provided to the Court. The one in relation to Ms Yu is a comprehensive response and makes clear that a significant number of issues had been raised by the statement of problem. [19] The initial basis for the plaintiff’s claim that Ms Yu’s grievance was not raised within 90 days was that there was no...

8. LCRO 186/2019 ZU v FD (15 June 2021) [pdf, 246 KB]

   ...behalf of Mrs GD. • Failed to release jewellery and other personal items to the beneficiaries. • Refused to distribute the Estate until such time as the beneficiaries had signed indemnities in his favour. 9 Mr PL, letter to LCRO in response to [Law firm 2] submissions (16 June 2020) at [4]. Mr AK is now deceased. 10 LCS, letter to Mr ZU (4 August 2017). 4 Mr ZU’s response [13] Mr ZU responded to Mr FD’s complaints.11 He said: The extensive amount of tim...

9. R v Secretary for Justice [2024] NZRA 001 (23 February 2024) [pdf, 240 KB]

   ...have the requisite experience at the bar (practising criminal law since 2010), juniored on a number of trials. I submitted more than the required four cases for consideration for PAL 3 and other reasons outlined in the letter. The Secretary’s Response to the Review Application [28] In his response, the Secretary acknowledged that the Applicant is an experienced PAL 2 lawyer. However, the Secretary considers that she has not yet provided sufficient evidence that would allow him to...

10. HM v Accident Compensation Corporation (Personal Injury) [2024] NZACC 004 [pdf, 199 KB]

    ...to discuss. These interact across a broad range of nervous system processes which impact on a wide range of bodily functions. Serotonin is associated with a broad range of tonic processes that allow the processing of stimuli and coordinating a response, encouraging survival. Excess serotonin causes these systems to malfunction, resulting in a broad range of physiological symptoms such as high blood pressure, increased heart rate, high body temperature, tremor, sweating, seizures,...