Search Results

1. MacNaughtan v Accident Compensation Corporation (Treatment Injury/Causation) [2023] NZACC 160 [pdf, 327 KB]

   ...developed OCD, the totality of evidence, including expert advice says this was not a causal link. [24] On the basis of this advice, the Corporation issued its decision declining cover for OCD on 26 May 2017. [25] The appellant sought review and an affidavit was obtained from J Douglas Bremner, professor of psychiatry at Emory University School of Medicine, Atlanta, Georgia, dated 16 February 2018. Dr Bremner said: Based on the totality of evidence from research in the neuroscience...

2. [2023] NZEnvC 082 Royal Forest & Bird Protection Society of NZ Inc v Dunedin City Council [pdf, 1.6 MB]

   ...relating to the effects of the subdivision on biodiversity values. [3] I have read and considered the consent memorandum of the parties dated 31 March 2023 which proposes to resolve parts of the appeal. [4] I have also read and considered the affidavit by J Macleod dated 21 April 2023, who has satisfied me that the amendments proposed will achieve 1 ENV-2018-CHC-228. 2 Affidavit of Jane Macleod on behalf of Dunedin City Council dated 21 April 2023 at [8]. 3 the objectives of...

3. HIJ v RST and UVW (Publication) [2013] NZHRRT 41 [pdf, 152 KB]

   ...“original” and it was discovered on his hard drive a short time later. Nevertheless D2 provided a second copy as requested. [32] In early October 2007 D1 commenced Family Court proceedings for the care of the two children and on 3 October 2007 swore an affidavit to which he attached some of the plaintiff’s medical records and on 17 October 2007 swore a further affidavit attaching Exhibit A (or a part of it). The first defendant explained that his motivation for using Exhibit A in...

4. [2023] NZEnvC 200 Hanan v Queenstown Lakes District Council [pdf, 727 KB]

   ...The evidence [31] We heard from experienced landscape and planning experts.17 We also heard from several local residents. Dame Elizabeth and David Hanan gave evidence on their own behalf. They also called Mr Mark Hosie and adduced several affidavits from Arrowtown residents or representatives of residents’ associations or groups.18 In addition, we heard from a s274 party, Mr Kenneth Swain, a resident of Cotter Avenue, Arrowtown. Site visits [32] According to an itinerary...

5. Tata v Tata - Waiwhakaata 3E 4C Lot 2A Block (Hiiona Marae) [2020] Maori Appellate Court MB 166 (2020 Appeal166) [pdf, 427 KB]

   ...Judge Armstrong concluded: [131] Mrs Martin had personal knowledge of each of these. She knew the arrangement was not recorded in a written agreement. Mrs Martin herself was unable to properly explain or justify the basis of her fee. In her second affidavit, Mrs Martin states she attended the trustee meetings where the payments to her were approved. As such, she would have known that her brother voted in support of those payments. [132] Mrs Martin did not produce the feasibility st...

6. LCRO 104/2019 RY v DN (1 May 2020) [pdf, 273 KB]

   ...provide their recollections of what transpired. [103] Mr DN says that Mr and Mrs EW have verified all the statements made in his submissions to the Standards Committee that specifically reference them, and that they would be prepared to swear an affidavit to that effect if required to do so. [104] Whilst I accept Mr DN’s submission as to Mr and Mrs EW’s preparedness to corroborate his recollection as to what transpired at the September 2008 meeting, I have no need for them to do...

7. [2017] NZEnvC 200 Morningstar Development Limited v Auckland Council [pdf, 1.5 MB]

   ...That is a legal document, the meaning of which would have been clear to the directors when they signed it. There is no question in this case that they were under any compulsion or disability at the time. That has not been raised in any of the affidavits; 5 • Morningstar had, at all times as the landholder and owner, the power to seek to recover monies from subsequent owners or place covenants for access to the land under the titles. Whether or not Morningstar did do that we...

8. [2024] NZEnvC 122 Grafton Downs Limited v Auckland Council [pdf, 2.5 MB]

   ...three, because, at this stage, the Appellants are not expecting further tenancies; and 11 (g) Condition 32 – wording has been inserted to ensure the ‘Future Development / Expansion Area’ is included in the finished landscaping plan. Affidavit of Robert Andrews [29] An affidavit of Robert Andrews sworn 10 May 2024, was filed in response to the Court’s questions regarding how the amended proposal passes through the s 104D RMA gateway tests, why the proposal should...

9. Deputy Registrar v Graham - Parehuia June Durie Kaitiaki Trust (2015) 334 Aotea MB 201 (334 AOT 201) [pdf, 282 KB]

   ...married and has 2 children. She wants to be able to leave her land interests to him and everything else to the Panuis[sic]” (Duries). High Court proceedings 9 see A20070009098 Affidavit of Gloria Graham dated 1 May 2009 at exhibit B 334 Aotea MB 209 [26] I am aware that Mr Sainsbury unsuccessfully sought relief from the High Court under the Family Protection Act 1955. Mr Sainsbury had claimed that by the will hi...

10. 2023-NZEnvC-244-The-Canyon-Vineyard-Limited-v-Central-Otago-District-Council.pdf [pdf, 2.8 MB]

    ...part and all parties otherwise agreed that the second mound should be reinstated.8 [10] The second mound had previously only been identified in the evidence of Paul Andrew Smith,9 and was not drawn to scale. Because of this, the parties’ filed an affidavit of Keith Wallace Sanford10 outlining the evidential basis for the location of the mound. Mr Sandford states that while particular attention was being paid to the preparation of sight line information in the preparation of plans fol...