Search Results

1. 2023-09-26-Evidence-of-Sean-Mallon.PDF [PDF, 1.2 MB]

   ...| 10 whether a two-way local arterial connection in the vicinity of Taylors Road can be provided. Mr Dalzell has suggested that Waka Kotahi and the Council enter into a side agreement to record this. As at the date that this evidence is filed, the Council and Waka Kotahi are yet to finalise that agreement. [43] Whilst the Transport JWS records Mr Peet’s view that an alternative connection cannot be accommodated within the corridor, Mr Dunlop has (post conferencing) develop...

2. Giddy v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 94 [pdf, 224 KB]

   ...correctly interpreted and applied the relevant provisions of the Act and found Mr Giddy ineligible for the weekly compensation requested. [23] On 6 October 2022, a Notice of Appeal was lodged. On 18 October 2022, leave was granted to Mr Giddy to file his appeal out of time. Relevant law [24] Section 3 of the Act provides that its purpose involves providing for a fair and sustainable scheme for managing personal injury, including fair determination of weekly compensation. [25...

3. [2024] NZEnvC 203 Williamson v Auckland Council [pdf, 507 KB]

   ...of the RMA. 2. For more information on the resource consent process with Auckland Council see the council’s website: www.aucklandcouncil.govt.nz. General information on resource consents, including making an application to vary or cancel file://///aklc.govt.nz/Shared/COO/Resource%20Consents/Projects%20Practice%20and%20Resolutions/Practice%20and%20Training%20Team/Team%20Member%20Folders/Aidan%20KM/Templates/www.aucklandcouncil.govt.nz 14 consent conditions can be found on the Min...

4. Poihegatama v Accident Compensation Corporation (Leave to Appeal to High Court) [2024] NZACC 196 [pdf, 264 KB]

   ...the High Court.3 Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave. One factor in the grant of leave is the wider importance of any contended point of law.4 [31] Mr Poihegatama filed submissions in support of his application and in reply to the Corporation’s submissions. This Court agrees with and has adopted the distillation of 3 Impact Manufacturing Ltd v Accident Rehabilitation and Compensation Insurance Corpo...

5. [2024] NZREADT 03 - KN v REAA (21 February 2024) [pdf, 163 KB]

   ...G Denley (Member) N O’Connor (Member) Representation: The applicant: Self-represented The respondent: T Bain and G Maslin DECISION Dated 21 February 2024 2 INTRODUCTION [1] KN (the applicant) has filed an application for review under s 112 of the Real Estate Agents Act 2008 (the Act) against the determination of the Registrar of the Real Estate Agents Authority (the Registrar) on 30 August 2023 not to pursue a complaint the applicant...

6. [2024] NZREADT 05 CAC v Pang (6 March 2024) [pdf, 227 KB]

   ...position is that a licensee who is found guilty of misconduct pays 50 per cent of the Committee’s costs. It is submitted that it would be appropriate in this case for Mr Pang to make a contribution of 50 per cent. It is noted that Mr Pang has not filed any evidence as to his financial means which might indicate a reduction from 50 per cent. [21] In further submissions (21 February 2024) in reply to those of Mr Pang, Ms Mok notes that Mr Pang continues to deny his failure to enga...

7. [2023] NZEnvC 185 Regina Properties Limited v New Plymouth District Council [pdf, 392 KB]

   ...AREA; ( emphasis added) 6 [11] During the course of the hearing the Court asked the landscape witnesses, ]\fr Brown and Mr R Bain (for RPL) to identify (inter alia) what they considered to constitute the components of visual amenity. They filed an expert witness statement, dated 10 August 2022 which contain the following statement: 2. THE COMPONENTS OF VISUAL AMENITY RB and SB agree that the effects associated with "visual amenity" comprise: • Visual dominance or...

8. McKenzie v Accident Compensation Corporation [2024] NZACC 146 (30 August 2024) [pdf, 257 KB]

   ...further report from the Corporation’s clinical adviser Anna Preston-Thomas was provided on 26 April 2023. In that report, Ms Preston-Thomas noted: An ACC Principle Clinical Adviser and Orthopaedic Surgeon has assessed the medical information on file. He reported that the mechanism of accident, delay in presentation for treatment and bilateral knee signs and symptoms confirm the left knee medial and lateral meniscal tears are part of the clients bilateral degenerative osteoarthritic kne...

9. BC v Accident Compensation Corporation (Cost of Treatment) [2025] NZACC 40 (4 March 2025) [pdf, 246 KB]

   ...on the 2 May 2023 decision by the appellant’s counsel, Ms Woodhouse. [7] On 1 November 2023, Dr Monica Robbers, Reviewer, issued her decision dismissing the appellant’s application for review. [8] An appeal of the review decision was filed with this Court. Issue [9] At issue in this appeal is whether the Corporation is required to fully fund the cost of GP appointments for the purposes of providing a medical certificate to determine incapacity as required by the Corpor...

10. Estate of N Kearney v Accident Compensation Corporation [2024] NZACC 162 (14 October 2024) [pdf, 229 KB]

    ...Kearney has spent considerable time undertaking her own extensive medical research which she submits supports her contention that the cause of Mr Kearney’s death was the failure to treat his sacral pressure wound. [32] Mrs Tebbs Kearney has filed a number of separate submissions commenting on the treatment provided by the district nurses, Dr Pohl and while Mr Kearney was at Waimarie and referring to her research. Mrs Tebbs Kearney is a lay person. While I acknowledge her res...