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1. Bevan v Peakman - Succession to Kathleen Paikea and Hemi Wharepaikea [2024] Chief Judge's MB 212 (2024 CJ 212) [pdf, 360 KB]

   ...Kath Wharepaikea Te Putu. My birth mother, Audrey, is their daughter. When I was left by my mother (parents) as a baby, I was taken in by my grandparents and raised as their own in Ngaruawahia (parents in Mangakino). James and Kath assumed responsibility for me, I never left their care. All decisions about my upbringing were made by my grandparents without consulting my mother. I grew up knowing all my needs were met by them and therefore unchallenged. This point was further...

2. [2022] NZCAA 01 (28 February 2022) [pdf, 338 KB]

   ...confined functions carried out by the Appellant's personnel based in New Zealand. The Head of Retail [47.4] The Head of Retail for the parent company has control of the day to day operations of all the retail stores in Australasia, and is responsible for the retail team members and store managers. He said his responsibilities (as leader of the retail team team) were for: [47.4.1] Customer contact and service; [47.4.2] Opening of the stores; [47.4.3] Security of the stores;...

3. [2024] NZEnvC 043 Barclay Management (2013) Ltd v City Rail Link Limited [pdf, 378 KB]

   ...pedestrian and vehicle access in Lower Albert Street for the duration of its construction works in order to comply with the above conditions in the Designation 2500/1. C: Costs are reserved. REASONS Summary [1] City Rail Link Limited (CRLL) is responsible for the construction, operation and maintenance of the City Rail Link which is authorised by various designations and resource consents. The works comprise a 3.45km twin-tunnel underground passenger railway running between t...

4. Van Wey Lovatt v Health New Zealand (Strike-Out) [2023] NZHRRT 37 [pdf, 202 KB]

   ...[72] Section 29(1)(j) of PA 1993 (the request is frivolous or vexations or the information requested is trivial) also forms part of HNZ’s substantive defence to the alleged breach of Rule 6. It is one of the reasons that HNZ advanced for making the responses it did to Dr Van Wey Lovatt’s request for her personal information. While the matters in [65] above set the scene and give context to the allegations that Dr Van Wey Lovatt’s request for information was vexatious, that context...

5. LCRO 130/2021 TF v SM (8 May 2025) [pdf, 276 KB]

   ...14.2(d) of the Rules by receiving the $5,000 into a “trust account” while practising as a barrister sole; and (h) r 14.4 of the Rules by taking instructions in breach of the intervention rule. [47] The essential elements of the respondent’s response were that: (a) the complaint appeared to be a “collateral attack” as part of a litigation strategy in the s 174 claim; (b) the applicant misunderstood both his own role in the liquidation of Company A and the respondent’s...

6. Derham v Accident Compensation Corporation (Gradual Process Injury; Suspension of Entitlements) [2025] NZACC 026 (17 February 2025) [pdf, 246 KB]

   ...diagnosing chronic somatic lumbar pain of facet joint origin. If he were to have a positive outcome, he would then be offered confirmatory block utilising an alternative anaesthetic agent with different duration of action. Should there be a concordant response between the short and long acting anaesthetic agents, then that confirms the diagnosis for the facet joint as the source of his symptoms. [31] On 18 August 2022 Dr Collinson commented – I have carefully reviewed Carl’s...

7. Otago Standards Committee v Saunderson-Warner [2013] NZLCDT 15 [pdf, 231 KB]

   ...and must have been made sometime in early December. This wrong date, initially given by the complainants, has ended up contaminating the process. It contaminated the requests made to the practitioner for an explanation and it contaminated the responses which the practitioner gave. It contaminated the approach which the Standards Committee took to the complaint. Ultimately, when Counsel was instructed by the Standards Committee to prepare the present charges, the mistake was reco...

8. RN v Accident Compensation Corporation (Cover and Entitlements) [2025] NZACC 140 (1 September 2025) [pdf, 378 KB]

   ...have now been complied with or when they will be complied with; (d) whether any other party will be affected if the appeal is reinstated; and (e) any other relevant matters. 5.9.2 The application will then be referred to the other party for a response being placed before a Judge to decide whether the appeal should be reinstated. If the application is successful, the Judge may direct the terms of reinstatement, which may include a costs order in favour of the other party. Has...

9. [2009] NZEmpC CC 10/09 Rooney Earthmoving Ltd v McTague and ors [pdf, 175 KB]

   ...evidence was contrary to what was in Mr Baxter’s credit memorandum and which I have found was supplied by Mr McTague somewhere around 17 May. It is also contrary to a later document: an email from Mr Baxter to Duncan Smith, one of the UDC personnel responsible for approving loans, in response to a request for further information from Mr Smith about BMW. This stated, in part: • Client have spoken to a number of farmers, and are currently compiling a list of all the farmers/clien...

10. E16 Paul Kennedy - Coastal Environment - EIC - Applicant [pdf, 3.6 MB]

    ...in Freemans Bay were some 30 % lower than their corresponding core samples (30 mg/kg) and the core concentrations measured in 1989 from the same locations were twice as high, averaging 61.8 mg/kg (Bioresearches 1989). This change over time is a response to the removal of lead from petrol in New Zealand. d) As has been found in previous surveys, mercury concentrations in core samples were elevated compared with average concentrations of 0.2 mg/kg in the OVH and Freemans Bay sample...