Search Results

1. [2021] NZACC 32 - Fisher v ACC (9 February 2021) [pdf, 184 KB]

   ...appellant underwent an audiometric assessment with audiologist, Simon Begg, on 16 September 2016. He assessed the appellant’s total hearing loss at 29.3%. [5] On 23 September 2016, the appellant and his general practitioner completed an injury claim form, claiming cover for a work-related noise-induced hearing loss. [6] The appellant was asked to see a specialist otolaryngologist, Martyn Fields, who reported on 27 November 2016. [7] He attributed 3% of Mr Fisher’s hearing...

2. [2022] NZACC 68 – Broughton v ACC (28 April 2022) [pdf, 233 KB]

   ...appeared to be suffering from “chronic pain with a predominant neuropathic component but also a simultaneous mechanical component”. [15] On 5 March 2018, Dr Ray Fong, Orthopaedic Surgeon, provided a Clinical Advisory Panel/Medical Advisor Statement, having assessed Mr Broughton’s medical records. Dr Fong commented: X-ray of the right ankle 10/07/2017 shows: No acute fracture. The malleoli and talar dome are intact. Prominent soft tissue swelling. In other words, the im...

3. DA v EB LCRO 7/2013 (26 August 2014) [pdf, 125 KB]

   ...and received a total of $32,800 from CR and Ms EB,2 of which she has since refunded $11,132.76 to Ms EB.3 [6] Ms EB complained to Ms DA that she had not explained her fees and charges at the start of her retainer, not provided time-sheets, bills, statements, progress reports or an accurate estimate when Ms EB had requested them and had spent time inefficiently. When Ms EB was not satisfied with the explanation or accounting she received from Ms DA, and she laid a complaint to the Ne...

4. [2021] NZEnvC 118 Drach v Tasman District Council [pdf, 2.4 MB]

   ...Condition 10), that is not a matter that favours the relief pursued. Rather, they are responsible for having made the choices they made on the extent of legal or other advice they received. Similarly, nor do we find any force in the Drachs' claim that cancellation of Condition 1 G) would give rise to adverse precedent. Rather, its cancellation is to enable a Proposal that satisfies the case for consent, in accordance with the TRi\tlP's intentions for the Mapua Rural Reside...

5. [2021] NZREADT 52 - QH v KE, SE & Agency (14 October 2021) [pdf, 299 KB]

   ...advertisement was deprived of its 1 Edwards v Bridge [2019] NZHC 2286. 2 At [21] & [67]. 3 Feng v Real Estate Agents Authority [2021] NZREADT 15. 12 misleading effect. The Tribunal in Feng accepted that in some instances, separate statements could be considered so intertwined that an initial misrepresentation may no longer be available as a basis for complaint.4 Submissions of KE and SE and [Real Estate Agency] [74] There are submissions (13 August 2021) from...

6. 2023-10-10-Rebuttal-Evidence-of-J-McConchie-Hydrology-and-Flooding.pdf [pdf, 987 KB]

   ...Management Act 1991 In the matter of the direct referral of applications for resource consent and notices of requirement under sections 87G and 198E of the Act for the Ōtaki to North of Levin Project By Waka Kotahi NZ Transport Agency STATEMENT OF REBUTTAL EVIDENCE OF JOHN (JACK) ALLEN MCCONCHIE ON BEHALF OF WAKA KOTAHI NZ TRANSPORT AGENCY Dated 10 October 2023 mailto:david.allen@buddlefindlay.com mailto:thaddeus.ryan@buddlefindlay.com BF\HYDROLOGY AND FLOODING REBU...

7. [2019] NZEnvC 166 Lindis Catchment Group Incorporated v Otago Regional Council [pdf, 16 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND AND BETWEEN AND Decision No. [2019] NZEnvC 166 of the Resource Management Act 1991 of Plan Change SA to the Regional Plan Water for Otago of an appeal under clause 14 of the First Schedule of the Act LINDIS CATCHMENT GROUP INCORPORATED (ENV-2016-CHC-61) Appellant OTAGO REGIONAL COUNCIL Respondent Court : Environment Judge J R Jackson Environment Commissioner KA Edmonds Environme

8. LCRO 127/2017 EZ v UO [pdf, 265 KB]

   ...reasonable care. [29] Mrs EZ’s accusations that Mr UO failed to provide her with competent representation are couched within her more expansive criticisms of the justice system. [30] She is critical of the fact that she was required to respond to a claim that she considers was fabricated and lacking in merit. [31] She is concerned that so much of her time and resources had to be spent on defending what she perceived to be an entirely spurious claim. [32] In her submissions, she...

9. Alternative Dispute Resolution: general civil cases [pdf, 675 KB]

   ...court files on completed civil cases in the following registries: Auckland High Court, Hamilton High Court, Hamilton District Court, Christchurch High Court and Christchurch District Court. Disputant details were collected from those cases where a statement of defence had been filed, on the basis that these cases were more likely to have involved ADR or negotiation between the parties. Following collection of disputant names from court files attempts were made to find and/or verify ad...

10. Alternative Dispute Resolution: General Civil Cases [pdf, 675 KB]

    ...court files on completed civil cases in the following registries: Auckland High Court, Hamilton High Court, Hamilton District Court, Christchurch High Court and Christchurch District Court. Disputant details were collected from those cases where a statement of defence had been filed, on the basis that these cases were more likely to have involved ADR or negotiation between the parties. Following collection of disputant names from court files attempts were made to find and/or verify ad...