Search Results

1. [2023] NZEnvC 105 Wilson v Waikato Regional Council [pdf, 720 KB]

   ...transfer in part or in whole to another person, the bond lodged by the transferor shall be retained until any outstanding work at the date of transfer is completed to ensure compliance with condition 95 of this resource consent (Advice Note 4). 101. Should the WRC undertake any work in relation to the preparation, administration and execution of the bond, the costs will be recovered from the consent holder. Review 102. The WRC may, within three months either side of the 1st of Sept...

2. LCRO 211/2018 AB v CD (3 July 2019) [pdf, 256 KB]

   ...CD’s experience (r 9.1(g)). I consider that weightings for those factors would be incorporated in Mr CD’s hourly rate of $550, which compares not unfavourably with the range of charge out rates for barristers referred to in a 2010 survey.20 [101] Taking into account the small reduction recommended, in my view an adjustment to Mr CD’s fee in this invoice is not warranted. (b) Invoice 1412, 31 August 2015 — period 1 – 31 August 2015 [102] The fee component for this invoi...

3. Howell v Accident Compensation Corporation (Personal Injury) [2023] NZACC 85 [pdf, 347 KB]

   ...in patients who have undergone lumbosacral fusion. [100] Two days after Dr MacVicar’s report, on 18 April 2019, ACC declined cover for her sacroiliac joint pathology and declined to pay for surgery to treat her sacroiliac joint pathology. [101] In the paper file review by Mr Pai of 12 May 2019, he said he could not relate the appellant’s ongoing symptoms to her surgical treatment in 2013. However, he does not comment on whether the surgery is causally related to the sacroilia...

4. [2019] NZEmpC 73 Kazemi v Rightway Ltd [pdf, 446 KB]

   ...RightWay more than 12 months ago, it would seem to follow that RightWay accepts that all the money is now due, even though, for reasons that are not clear, no monies have been paid to Ms Kazemi. No separate remedies for breach of contract [101] The alleged breaches of contract are of: (a) an incorporated term of good faith (derived from s 4 of the Employment Relations Act); (b) an implied term that RightWay would treat Ms Kazemi reasonably and fairly; and (c) an implie...

5. Coronial Services Annual Report 2016-2017 [pdf, 1.8 MB]

   ...people Year Asian Māori Pacific Other Number Rate* Number Rate* Number Rate* Number Rate* 2007/2008 21 5.93 87 15.39 24 9.05 408 13.26 2008/2009 10 2.82 95 16.81 26 9.81 400 13.00 2009/2010 22 6.21 105 18.58 31 11.69 383 12.45 2010/2011 19 5.36 101 17.87 22 8.30 416 13.52 2011/2012 19 5.36 132 23.34 31 11.69 365 11.24 2012/2013 28 7.90 105 18.58 24 9.05 384 12.48 2013/2014 22 4.67 108 18.06 26 8.81 373 12.96 2014/2015 16 3.40 130 21.74 27 9.15 391 13.58 2015/2016 39 8.28 129 21.57 2...

6. Appendix-12_Sarah-Newall_s87F_198D-Report_Site-Contamination_28-April-2023.pdf [pdf, 313 KB]

   ...Substances’, https://www.horizons.govt.nz/publications-feedback/one-plan/glossary/glossary. Section 87F and 198D Report – Ōtaki to north of Levin Highway Project (Ō2NL Project) Prepared by Sarah Newall – Site Contamination 23 101. The framework for assessing NES-CS applicability is set out in the NES- CS itself, without the need for adopting a separate RSS. In summary, the process is as follows: (a) If the PSI determines it is ‘more likely than not’ that...

7. Coronial Services Annual Report 2015-2016 [pdf, 3.9 MB]

   ...group Year Asian Māori Pacific Other Number Rate* Number Rate* Number Rate* Number Rate* 2007/2008 21 5.93 87 15.39 24 9.05 408 13.26 2008/2009 10 2.82 95 16.81 26 9.81 400 13.00 2009/2010 22 6.21 105 18.58 31 11.69 383 12.45 2010/2011 19 5.36 101 17.87 22 8.30 416 13.52 2011/2012 19 5.36 132 23.34 31 11.69 365 11.24 2012/2013 28 7.90 105 18.58 24 9.05 384 12.48 2013/2014 22 4.67 108 18.06 26 8.81 373 12.96 2014/2015 16 3.40 130 21.74 27 9.15 391 13.58 2015/2016 39 8.28 129 21.57 24...

8. QW v RH LCRO 166/2012 (18 October 2016) [pdf, 126 KB]

   ...not to order the trustees to make any disclosures to Mr QW was confirmed. [100] As mentioned above, the appeal to the Supreme Court was heard shortly before the review hearing in [Date], and no judgment had issued at the time of this review. [101] The extent to which the relevant law was traversed before the High Court and Court of Appeal supports the view that the position over disclosure to beneficiaries is not settled law. What can be said, however, is that questions of whether to...

9. LCRO 34/2023 PI v SY (27 June 2024) [pdf, 253 KB]

   ...the appropriate step that should have been taken at commencement, was to file judicial review proceedings. It was recommended to Mr SY that steps be taken to abandon the appeal, with efforts being made to avoid potential costs to Mr PI. 16 [101] The other counsel instructed, considered that one of the conditions that Mr PI sought to have challenged was capable of being addressed through the vehicle of a District Court appeal, but with caution that the grounds for challenge were limit...

10. [2015] NZEnvC 137 Tram Lease v Auckland Transport and Auckland Council [pdf, 813 KB]

    ...followed the pattern of starting with a strong negative advocated position, supported by little more reasoning than that we should accept his word because of his considerable experience with major infrastructure projects over the last 20 years. [101] Yet another concern was that in his evidence, Mr Foster would repeat the expert evidence of other witnesses called by his clients, supply the assertion about his experience, then offer a conclusion that somewhat resembled an assessment...