Search Results

1. GP v Accident Compensation Corporation (Impairment Assessment) [2023] NZACC 55 [pdf, 194 KB]

   ...approach to impairment ratings, and felt that he rated beyond the covered injuries. Dr Hill also noted that Dr Newburn’s assessment was a significant time later, and that a person’s presentation could fluctuate with time. 9 Relevant law [38] Clause 55 of Schedule 1 of the Accident Compensation Act 2001 reads: (1) A person who suffers mental injury by an act to which section 21(1)(c) applies is not entitled to lump sum compensation for permanent impairment under this sc...

2. Sutton v Real Estate Agents Authority (CAC 411) & Fear [2017] NZREADT 27 [pdf, 243 KB]

   ...refer the matter to the Tribunal, find unsatisfactory conduct, or take no further action. [5] An appeal against the exercise of a discretion requires the appellant to establish that the decision maker (in this case, the Committee) made an error of law or principle, failed to take relevant matters into account, took irrelevant matters into account, or was plainly wrong. 1 One of the relevant considerations for the Committee is the purpose of the Act, which is “to promote and prot...

3. [2021] NZIACDT 10 - YC v Wan (19 May 2021) [pdf, 238 KB]

   ...for the decline. He reminded her that the interim visa expired on 11 September 2019 and offered to lodge a reconsideration for no charge. If that was not successful, he could lodge a s 61 request 4 (for a discretionary visa for a person unlawfully in New Zealand), also for no charge. A full refund was additionally offered. [18] The complainant did not give Mr Wan any instructions at the meeting. Complainant instructs another licensed adviser [19] On 25 September 2019,...

4. [2018] NZEnvC 246 Wellington International Airport Limited 20.12.18 [pdf, 1.3 MB]

   ...legal challenge by the New Zealand Airline Pilots Association which contends that the appropriate RESA length at each end of the Airport runway should be 240 m and that the Director's decision to approve 90 m was wrongly made as a matter of law. [12] The futility of the resource consent applications proceeding to hearing in the Court when the Director's underpinning assessment as to the appropriate RESA length was subject to challenge in another jurisdiction, was apparent...

5. LN v N Family Trust and others [2023] NZDT 503 (18 September 2023) [pdf, 251 KB]

   ...fence, provided that reasonable notice is first given to the N Family Trust. 10. Any such entry to [Address 1] shall be exercised so as to cause as little damage possible to the land entered upon and as little disturbance as possible to persons lawfully on the property. Any such entry does not authorise LN or any person to cut down, lop or injure any tree or shrub on [Address 1] without the consent of the N Family Trust. 11. LN is to keep the N Family Trust reasonably informed abou...

6. NP v KT [2021] NZDT 1706 (12 October 2021) [pdf, 243 KB]

   ...already discussed. 2. NP says KT did work he was not instructed to do; that other trees have been poorly trimmed; that her hedge was cut lower than requested; and that the chip/mulch pile was not left where she had instructed but was left on her lawn instead. She claims $4,999.00 in compensation. 3. KT has also filed a claim for $3,207.85 as NP has not paid his invoice ($2,530.00) and he is seeking legal costs ($677.85). 4. The issues to be decided are: Under NP’s claim: a...

7. [2024] NZEmpC 76 Al-Bustanji and Jenner v Corrections Association of New Zealand Inc  [pdf, 257 KB]

   ...breached if steps were taken to remove the applicants from the national executive (that only being available as a sanction under r 25, not r 12). They stated their view that the complaint of the vice-president and the actions of the union were flawed and inherently unjust. They sought confirmation that the disciplinary meeting would not proceed and an agreement to participate in mediation. They advised that if that was not agreed to, they may seek judicial review and injunctive re...

8. [2020] NZEnvC 020 Whangarei District Council v Sustainable Solvents Group Limited [pdf, 730 KB]

   ...of contaminants from industrial or trade premises into water and onto land in circumstances which may result in that contaminant (or any other contaminant emanating as a result of natural processes from that contaminant) entering water without lawful authority in breach of s 15(1)(b) and (d) RMA; iv) The first, second and third respondents are in breach of the enforcement order dated 2 February 2017; v) The use of the site is or is likely to be noxious, dangerous, offensive, or...

9. Nimick & Anor v CAC 20005 & Ors [2014] NZREADT 11 [pdf, 116 KB]

   ...degree and entails a value judgment. In this context a general appeal is to be distinguished from an appeal against a decision made in the exercise of a discretion. In that kind of case the criteria for a successful appeal are stricter: (1) error of law or principle; (2) taking account of irrelevant considerations; (3) failing to take account of a relevant consideration; or (4) the decision is plainly wrong. The distinction between a general appeal and an appeal from a discretion is n...

10. X Ltd v II [2021] NZDT 1539 (14 May 2021) [pdf, 169 KB]

    ...works included in the quoted work were not performed; (f) if II and BI are liable to pay the whole or any part of the amount claimed by XL; and (g) if XL is liable to pay the whole or any part of the amount claimed by II and BI. [6] The applicable law is the law of contract and the Consumer Guarantees Act (CGA). Section 6 of the CGA implies a guarantee to the effect that goods supplied must be of an acceptable quality. Section 28 of the CGA implies a guarantee to the effect that servic...