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1. [2021] NZACC 40 - OBrian v ACC (25 February 2021) [pdf, 329 KB]

   ...boat-builder. It appears today that Alan is very keen to return to work as a boat-builder as he has been working for 47 years in this field and is very keen to be able to continue to work. He states that since he has been off work, it is [sic] cost him significant amount of money with loss of income plus overheads and therefore he is highly motivated to return to work as soon as possible. [13] Dr Paterson reviewed the file, noting that Mr O’Brian had not been fit for wor...

2. [2020] NZEnvC 018 Taranaki Energy Watch Incorporated v South Taranaki District Council [pdf, 5.4 MB]

   ..., , " • ,' • " " • " ' ,, , ,,, ,, • risks to As Low As Reasonable Practicable (ALARPl which is a concept used in health and safety context. This principle is based on a concept where the balance between risk, cost and safety margin i.§ reasonably achieved. For a risk to be ALARP, it must be demonstrated that the cost involved in reducing risk further would be grossly disproportionate to the benefit gained. In addition to the above, it is e.9.!:!_a!...

3. Top Energy Ltd - Whakataha Z1C (2015) 104 Taitokerau MB 108 (104 TTK 108) [pdf, 243 KB]

   ...hui. [13] At the conclusion of the judicial conference I appointed a local solicitor, Peter McCauley, to represent the trustees of Whakataha Z1C and the owners of the other three blocks in relation to the applications. TEL agreed to meet his costs. I adjourned the application to a teleconference with counsel to discuss arrangements for the hearing. [14] The teleconference took place on 31 October 2013. 3 In advance of the teleconference Mr Mathias and Mr McCauley filed a joint...

4. Incitement-of-Hatred-Hate-Crime-and-Discrimination_FINAL.pdf [pdf, 559 KB]

   ...including through appropriate engagement. Financial Implications 36 The Human Rights Commission expects a low increase in complaints, which will be funded from recent baseline increases. 37 New Zealand Police does not expect significant cost increases through prosecutions due to the small numbers that are expected. However, Police advises that there will be associated costs for managing an overall increase in complaints around hateful behaviour and speech which are hard to...

5. Austin v Accident Compensation Corporation (Treatment Injury) [2023] NZACC 59 [pdf, 257 KB]

   ...satisfied that Mr Austin’s use of Roaccutane had resulted in his skeletal hyperostosis and that this would not be an expected or ordinary outcome of treatment. (b) Mr Austin accepted funding for his surgery, physiotherapy and consultation costs, backdated weekly compensation of $159,548.60, and weekly compensation of $1553.91 until he reached superannuation age in 2017. (c) Mr Austin did not pursue any review options to challenge the Corporation’s acceptance of his claim...

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

   ...respondent’s decision declining funding for surgery to treat her sacroiliac joint pathology is reversed. [124] Accordingly, the appeal is allowed. 1 Accident Compensation Corporation v Ambros [2007] NZCA 304, [2008] 1 NZLR 340. [125] Costs are reserved. Any memoranda in respect of costs are to be filed within one month. CJ McGuire District Court Judge Solicitors: Young Hunter, Christchurch...

7. Te Korowai Tiaki o Te Hauauru Incorporated v Te Rūnanga o Ngati Tama Trust - Te Rūnanga o Ngāti Tama Trust (2020) 425 Aotea MB 203 (425 AOT 203) [pdf, 309 KB]

   ...contacted. Such an approach makes practical sense, as it would be futile to 27 Affidavit of Jamie Grant Daniel Tuuta dated 31 August 2020, at [36]. 425 Aotea MB 216 continue to send information (including by post, with the associated cost) to an incorrect address. I accept also the evidence of Ms Frances White to the effect that members who are recorded in this section of the Members’ Register are transferred to the active section of the Register if their contact de...

8. [2016] NZEmpC 161 NZ Airline Pilots Assoc Inc v Air NZ Ltd [pdf, 234 KB]

   ...additional difficulties in pursuing an argument as to unconscionability in light of the particular circumstances, the way in which events unfolded and the timeframes involved. Conclusion [69] The plaintiff’s challenge is dismissed. [70] Costs are reserved. If there is any issue as to costs memoranda may be filed, with the defendant filing and serving any memorandum together with any supporting material within 30 days of the date of this judgment; the plaintiff within a...

9. Adlam v Reihana - Himatangi 1H1A (2022) 447 Aotea MB 1 (447 AOT 1) [pdf, 658 KB]

   ...limited access road. See Telfer Young Advisory Report, 7 March 2020 at 6. 10 Application of Reihana Adlam, filed 13 September 2019, Appendix L at [2.1]. 11 Above n 8, at 3. 447 Aotea MB 6 [14] Mr Adlam seeks to: (a) Construct, at his cost, a new and legal access way from SH1 to the site. (b) Build a four-bedroom home on the block and a small two-bedroom home under the same occupation order for his Mum in the future.12 (c) Support the balance of the block being develop...

10. [2019] NZEnvC 184 Ngati Whatua Orakei Whai Maia Limited v Auckland Council [pdf, 25 MB]

    ...Jurisdiction held to exist in the re-framed terms of (b). Ngati Whatua Orakei Whai Maia Limited v Auckland Council 2 C: Question (a) held too broad and holding risks of unintended consequences if answered. Jurisdiction therefore declined re (a). D: Costs reserved. REASONS Introduction [1] These two appeals by Ngati Whatua Orakei Whai Maia Limited did not challenge the consents granted by Auckland Council , but challenged certain conditions attaching. [2] Hearing Commission...