Search Results

1. ADL v EQC [2019] CEIT-2019-0006 [pdf, 127 KB]

   ...eight residential flats in Christchurch. [3] Those flats were damaged during the 22 February 2011 Canterbury earthquake and claims for the repair of that damage were made by A against EQC and Tower. [4] When EQC determined that the repair cost exceeded its maximum liability, it paid A $637,552.18. It now concedes that there was an error in its earlier calculations, admitting that the full entitlement should have been $707,452.52, leaving a shortfall owing of $69,900.34. [...

2. [2007] NZEmpC WC 1/07 Hunter v National Institute of Water and Atmospheric Research Ltd [pdf, 49 KB]

   ...paid retrospectively from 1 July 2005. Conceptually such an application may pose grave problems for the Authority but it is not for me to resolve such a difficulty now. Mr Crotty, counsel for Mr Hunter, indicated that the proceedings have been filed in haste and may require amendment prior to hearing. In addition the proceedings before the Authority claim compensation and costs. [8] NIWA opposes the granting of an interim order. Ms Shaw, counsel for NIWA submitted that there...

3. [2022] NZEnvC 120 Director-General of Conservation v Whangarei District Council [pdf, 264 KB]

   ..._________________________________________________________________ DECISION OF THE ENVIRONMENT COURT _________________________________________________________________ A: The Court confirms the provisions as set out in Annexure 1. B: Applications for costs were not encouraged and the Court understands no costs applications have been filed. Accordingly, there is no issue as to costs and the Court makes no orders. 2 REASONS Introduction On 16 June 2022 the Court issued i...

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

   ...AUTHORITY R Bedford HEARING: 14 February 2013 at Auckland APPEARANCES: M Darke advocate for appellant F Becroft counsel for respondent DECISION: DECISION ON JURISDICTION [1] On 8 January 2009, Mr Wood filed an application for leave to appeal out of time against a review decision issued in 1988, which upheld a 1987 decision of the Corporation to suspend payments of earnings related compensation because his loss of capacity to earn was no longer...

5. Eggo v Tupene - Opape No 1A No 1B (2017) 169 Waiariki MB 45 (169 WAR 45) [pdf, 238 KB]

   ...181 (26 OPO 181). 3 43 Opotiki MB 309-310 (43 OPO 309-310). 4 70 Opotiki MB 79-81 (70 OPO 79-81). I issued a direction to for Mr Ian Peterson to be engaged to clarify for the Court the matters regarding the whenua topu vesting. Mr Peterson filed a memorandum with the Court on 24 August 2016. 5 70 Opotiki MB 79-81 (70 OPO 79-81). 169 Waiariki MB 47 [7] The current trustees are Akima Tupene, Donna Kelly, Polly Stirling, Titihuia Rewita, Leo Rewita, Mina Pokino, Wiki...

6. [2020] NZEmpC 26 Gibson-Smith v Ministry of Business, Innovation and Employment [pdf, 223 KB]

   ...further evidence) Introduction [1] On 29 November 2019, I reserved judgment following the substantive hearing of this proceeding. [2] On 4 March 2020, shortly before my judgment was to be delivered, Mr Gibson- Smith applied for leave to file a further affidavit. That application is opposed by the Ministry of Business, Innovation and Employment (MBIE). [3] Before outlining the competing positions, it is necessary to describe the background. [4] Mr Gibson-Smith h...

7. Abraham v Auckland City Council [pdf, 111 KB]

   .............................................................................................................18  Additional Claims.......................................................................................................24  Consequential Costs .................................................................................................24  Interest ......................................................................................................................26  Gener...

8. [2020] NZEnvC 211 Panuku Development Auckland Ltd v Auckland Council [pdf, 2.3 MB]

   ...Commissioner K Edmonds Commissioner D Bunting Hearing: On the papers Date of Decision: 16 December 2020 Date of Issue: 1 7 DEC 2020 FINAL DECISION OF THE ENVIRONMENT COURT 2 A: The Court grants the following land use consents and discharge permits authorising the construction of a new multi-level mixed use development on 8 adjoining sites at 198-202, 214-222 Dominion Road and 113-117 Valley Road, Mt Eden subject to the conditions of consent set out in Appendix A to this d...

9. Shaw - Tauwhao Te Ngare (2005) 81 Tauranga MB 8 (81 T 8) [pdf, 3.7 MB]

   Minute Book: 81 T 8 In the Maori Land Court of New Zealand Waikato Maniapoto District DECISION Introduction Files: A20030006815 A20040002194 IN THE MATTER an application by Donald Shaw under Section 18(1)(a) of Te Ture Whenua Maori Act 1993 with regard to the Tauwhao Te Ngare Block Donald Shaw is a trustee of the D and M Shaw Family Trust, which owns Lot 1 Deposited Plan South Auckland 82146 comprising 6.5125 hectares and described in Certificate of Title SA64D/511 (lith...

10. [2012] NZEmpC 161 O Hagan v Waitomo Adventures Ltd [pdf, 230 KB]

    ...amount must be reimbursed to the defendant. Vehicle allowance [77] Similar issues arose in relation to the vehicle allowance. The contract specifically refers to an allowance, as follows: Clause 12.4: The Employer will reimburse any agreed costs including travelling costs from Waitomo to Auckland at the same time as payment of wages once these costs have been claimed by the Employee and provided acceptable evidence of expenditure is provided to the Employer by the Employee....