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  1. Algie & Others v ACC [2013] NZACA 6 [pdf, 56 KB]

    ...originally provided on a gratuitous basis, such a payment is permitted under ss 121(1) and 80(1) on application by the injured person, as such care is congruent with the purposes of the Act and the objectives of the rehabilitation provisions. [44] At [101] to [103]: The ACC Policy Committee document dated 14/9/04 in respect of payments to be made following the Campbell and Handley judgement confirmed that back payments for attendant care could be made under ss 121 and 80...

  2. [2024] NZIACDT 06 ZR v Kim (23 January 2024) [pdf, 240 KB]

    ...Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 at [93]. 6 Immigration Advisers Licensing Act, s 50. 7 Section 51(1). 8 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] and [151]. 9 At [97], [101]–[102] and [112]. 8 From the adviser [37] There is a statement of reply (15 December 2023) from Mr Kim, with supporting documents. ASSESSMENT [38] The Registrar relies on the following provisions of the Code: General 1....

  3. Otago Standards Committee v Milne [2013] NZLCDT 18 [pdf, 157 KB]

    ...behalf of any person. He said in his regulatory response to the charges filed with the Tribunal that 19 See s 351(2)(b). 20 Rules of Professional Conduct for Barristers and Solicitors - rule 1.01. 21 Ibid rule 1.03. 22 Ibid rule 1.06. 7 meant the funds were not trust funds and therefore r 3 did not apply. He admitted a particular alleging a breach or r 6(1) in that he borrowed funds from clients in breach of that...

  4. McLaren v Standing [2012] NZIACDT 56 (30 August 2012) [pdf, 134 KB]

    ...New Zealand dollars. [100] That would be on the basis that the payment was intended to be for services in New Zealand and could be expected to be converted when paid. The parties may contend for some other basis. Mr Standing’s circumstances [101] This Tribunal is an inquisitorial body and is required to pursue issues raised by complaints, where necessary requesting further information and requiring persons with information to appear before the Tribunal. [102] This Tribunal is cur...

  5. E38 Jon Styles - Noise - EIC - Council [pdf, 854 KB]

    ...construction authorised by this consent, including the construction of the base buildings. 9.10 I recommend that proposed condition 1 is therefore amended to ensure that ‘infrastructure’ includes the base buildings. 10. CONCLUSIONS 10.1 Overall, I support the currently proposed conditions (aside from the change to condition 1 suggested in paragraph 9.10 above) as they relate to event noise, non- event operational noise, construction noise and vibration and underwater con...

  6. E36 Rebecca Skidmore - Urban Design - EIC - Council [pdf, 841 KB]

    ...recommended a condition limiting vehicles access and parking on Hobson Wharf to that which is essential to service the Maritime Museum and the America’s Cup Base B42. Proposed Condition 179(b) addresses these matters adequately. 10. CONCLUSIONS 10.1 In my opinion, hosting the America’s Cup will bring considerable benefit to the continued evolution of the Auckland waterfront. I consider that the base configuration proposed will make a positive contribution to the vitality a...

  7. Wood v ACC [2013] NZACA 4 [pdf, 62 KB]

    ...no jurisdiction for it to make such a determination on appeal under the 1992 Act, and the statutory regime under that Act disadvantaged Mr Wood. Once it was accepted that the 1987 decision must be dealt with under the 1982 Act, then by virtue of s 101 of the 1982 Act, which provides that where a remedy by way of review or appeal is provided under Part IX of the Act, no other remedy shall be available, the District Court was not a court of competent jurisdiction and any argument that it c...

  8. Naera v Fenwick - Whakapoungakau 24 (2019) 205 Waiāriki MB 96 (205 WAR 96) [pdf, 330 KB]

    ...the Third Respondents J Koning for Paehinahina Mourea Trust Judgment: 30 January 2019 INTERIM JUDGMENT (No.3) OF JUDGE L R HARVEY Copies to: M Kyriak, Kyriak Law Ltd, 40-42 Eden Crescent, Auckland 1010; myk@kyriaklaw.co.nz D Hall, Woodward Law Offices, PO Box 30411, Lower Hutt 5040; info@mokoia.co.nz F Geiringer, PO Box 10-201, Wellington 6143; felix.geiringer@terracechambers.co.nz J Koning, Koning Webster Lawyers, PO Box 11120, P...

  9. Cooper - Ngataurua 2A2 (2004) 134 Aotea MB 96 (134 AOT 96) [pdf, 2.9 MB]

    ...involved, the essence of the proposal, according to counsel, is that the Court should partition the Land on the following basis: (a) 1625m2 to the Applicants; (b) 1207m2 to Riwaru and Elizabeth Tihema; (c) 3593m2 to Pine and Ruakohatu Tamou; (d) 1101 m2 to the trustees of Patapu Trust; (e) 1000m2 to Kanui and Tina Cooper; (f) cancelling the private roading over Ngatarua 2A3 dated 30 January 1958; and (g) creating easements over Ngatarua 2A 1 in favour of Ngatarua 2A2 and over Lot...

  10. Justice Sector seriousness score (2016 update): FAQs [pdf, 585 KB]

    ...to $5000 by day 318 380 422 4122 Take/obtain/use doc for pecuniary advantage 221 246 282 4571 Assault person with stabbing/cutting weapon 227 185 177 1492 Unlawfully takes motor vehicles (motor cars/trucks etc) 177 167 170 4211 Computer fraud 101 100 0 4572 Drove while disqualified 3rd or subsequent 77 94 93 L230 Common assault (Crimes Act) manually 32 30 22 1593 Theft (under $500) 25 23 17 4373 Driving while disqualified 12 13 6 L201 Breach of community work 11 12 8 9298 D...