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1. JK v OC LCRO 254/2013 (10 February 2015) [pdf, 93 KB]

   ...general considerations in making a costs order are: (a) Whether the making of the complaint is justified (even if no finding of unsatisfactory conduct is ultimately made). (b) The conduct of the parties in respect of the inquiry and/or review. [101] The Guidelines provide for costs orders to be made against a practitioner, in favour of a practitioner to be paid by New Zealand Law Society (NZLS) and between the parties. There is no clear provision or guideline amount specifically r...

2. 2020-12-07 Statement of evidence of Tom de Pelsemaeker on behalf of the ORC - Appendix H [pdf, 197 KB]

   ...their lands and waters to the fullest extent pacticable. 62 Waitangi Tribunal Muriwhenua Fishing Claim Report (1988) p 217. 63 Waitangi Tribunal Ngāi Tahu Report (1991) p 245. 64 Waitangi Tribunal Ngāwhā Geothermal Resources Report (1993) at p 101-102. 65 Te Puni Kōkiri, above n 6, at 93. 66 Lands (CA) per Cooke P at 664. 10 55. The Privy Council’s Broadcasting Assets decision contains an important and detailed analysis of the scope of the Crown’s duty of active p...

3. [2018] NZEmpC 93 Jacks Hardware and Timber Ltd v First Union Inc [pdf, 360 KB]

   ...paragraphs relate to the same issue as was referred to at para 7 of Mr Dippie’s brief. For the reasons given with regard to those paragraphs, I consider the evidence in paras 6 and 7 of Mr Finn-House’s brief is inadmissible. Paragraph 8 [101] The evidence in para 8 replicates that which is set out at para 8 of Mr Dippie’s evidence. For the same reason as was given in connection with his evidence, I rule that the evidence in Mr Finn-House’s brief at para 8 is inadmissible...

4. [2023] NZEnvC 038 Poutama Kaitiaki Charitable Trust v Heritage New Zealand Pouhere Taonga [pdf, 318 KB]

   ...grandchildren being directly affected by a proposal to dig up a 6 Poutama Kaitiaki Charitable Trust v Heritage New Zealand Pouhere Taonga, above n 1. 7 Poutama Kaitiaki Charitable Trust v Heritage New Zealand Pouhere Taonga, above n 2, at [60], [101] and [112]. 8 Campaign for a Better City Inc v New Zealand Historic Places Trust (Pouhere Taonga), [2004] NZRMA 493 (HC) at [25]. [27] [28] [29] [30] 8 grandparent’s grave: whether any such person was ‘directly affected�€...

5. [2021] NZACC 6 - MacDonald v ACC (12 January 2021) [pdf, 198 KB]

   ...appellant’s pain and depression, he has fallen short. [100] Ultimately, I conclude in this case that the steps taken by the Corporation have been reasonable and appropriate ones and that vocational independence has been satisfactorily established. [101] It of course remains open to the appellant to seek further treatment for his covered injuries whether by way of psychological assistance, medication or otherwise. [102] However, I find on the balance of probabilities that t...

6. [2020] NZIACDT 43 - KX v Ji (5 October 2020) [pdf, 229 KB]

   ...[2017] NZHC 376 at [93]. 5 Section 50. 6 Section 51(1). 7 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citation omitted). 8 Z v Dental Complaints Assessment Committee, above n 7, at [97], [101]–[102] & [112]. 10 … e. obtain and carry out the informed lawful instructions of the client, and … File management 26. A licensed immigration adviser must: … b. confirm in writing to the client when application...

7. Mason v New Zealand Law Society [2015] NZLCDT 11 [pdf, 83 KB]

   ...the funds owed by the private client and other creditors. [16] The appellant undertook work for a private client between February 2009 and March 2010. At the time of liquidation the client owed the Company in unpaid invoices a total of $264,101.01 inclusive of interest and GST. The appellant said she was unable to pursue recovery of the amount outstanding because the client laid a complaint with the respondent about the level of fees charged. That was done in March 2011. It wa...

8. [2021] NZEnvC 185 Otago Regional Council [pdf, 328 KB]

   ...approach. [34] In making our decision we also accept that the plan change provisions are a step in the right direction under both the NPS-FM 2020 and the proposed Regional Policy Statement. 12 Outcome [35] Pursuant to s149U(6) and cl10(1) to (3) of Schedule 1 of the Resource Management Act 1991, the court’s decision on Plan Change 1 is to amend it as set out in ‘Annexure 1: Plan Change 1 (Dust Suppressants) Provisions’ attached to and forming part of this decisi...

9. [2022] NZACC 67 – KC v ACC (27 April 2022) [pdf, 209 KB]

   ...diagnosis of major depressive disorder, severe with psychotic features could be given. [100] Dr Turner went on to say that she found no evidence that the appellant’s psychotic illness was a result of anything done to her by another person. [101] However, based on the totality of the evidence that has been put forward in this case including the evidence of at least seven medical professional who assessed her, I find that the appellant has suffered a mental injury in terms of the...

10. [2021] NZACC 182 – Sutherland v ACC (16 November 2021) [pdf, 363 KB]

    ...boring”. Her later comment to Dr Scott in respect of the same role was “I could probably do that”. [100] In respect of the receptionist job option the appellant agreed with both Ms Dermer and Dr Scott that she could probably do the role. [101] Mr Peart on behalf of the appellant emphasises the appellant’s lack of computer skills and the need for the appellant to be computer and digitally literate. He says that she is not. He notes that after the training the appellant no...