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1. [2017] NZEnvC 047 North Eastern Investments Limited & Heritage Lands Limited v Auckland Transport [pdf, 477 KB]

   ...reasonableness or otherwise of costs .... [20] This Court has referred to this issue on a number of occasions, and acknowledges that often any costs award does fall within this range. The reasons for this are many, but interests in participation, public law, and partial outcomes are prominent. [21] The current case is an example, as it involves provision of public roading to allow infrastructure to service residential land in areas beyond the subject site. Auckland Transport obt...

2. Thomas v Accident Compensation Corporation (Suspension of Entitlements) [2024] NZACC 107 (26 June 2024) [pdf, 248 KB]

   ...declining any further weekly compensation past that point, on the basis that symptoms from there were clearly in relation to an underlying degenerative condition. On 14 February 2024, Ms Thomas applied for a review of that decision. Relevant law [32] Section 100 of the Act provides that entitlement to weekly compensation depends on the claimant’s incapacity for employment and vocational independence. Section 103 provides: (1) The Corporation must determine under this sectio...

3. Yerbury-Wilson v Standing [2012] NZIACDT 51 (30 August 2012) [pdf, 137 KB]

   ...issues raised in Ms Yerbury-Wilson and Mr Wilson’s complaint, with reference to his client record. [34] Mr Standing was required to maintain client records for seven years and be in a position to make them available. The Code has the force of law (see sections 37–39 and 44 of the Act). It is implausible that any responsible liquidator would impede Mr Standing from obtaining a copy of his client record to respond to a complaint, given the legal duties on Mr Standing. [35] Mr Standi...

4. Welsh - Koutu (2019) 197 Taitokerau MB 172 (197 TTK 172) [pdf, 332 KB]

   ...Copies to: C Hockly, Hockly Legal, P O Box 59211, Auckland 2022 cameron@hockly.co.nz S Tofi, Afeaki Chambers, P O Box 13-397, Auckland 1643 siaosi@afeakichambers.co.nz K Davis and C Leauga, Te Mata Law, P O Box 44-331, Auckland 1246 catherine@tematalaw.co.nz mailto:cameron@hockly.co.nz mailto:siaosi@afeakichambers.co.nz mailto:catherine@tematalaw.co.nz 197 Taitokerau MB 173 Introduction [1] The Koutu block is located at Kawerua in...

5. Waitangi Tribunal - issue 55 of Te Manutukutuku [pdf, 511 KB]

   ...(Te Whänau a Ruataupare) has been a judge of the Mäori Land Court since 1995. He has previously presided over the Waitangi Tribunal hearings for the kiwifruit ex- port and the radio spectrum claims. Joanne Morris was a commissioner at the NZ Law Commission from 1994-99. She has been a senior lecturer in law at Victoria University. She presided over the Waitangi Tribunal hearing into the Tarawera Forest. Rangitihi Tahupärae is a tohunga of Whanganui iwi. He has an exten- sive ba...

6. Couch - Rapaki Māori Reservation 875 Section 8B1 (2021) 69 Te Waipounamu MB 235 (69 TWP 235) [pdf, 260 KB]

   ...decision. 4 16 Te Waipounamu MB 183-186 (16 TWP 183-186). 5 39 Te Waipounamu MB 229-232 (39 TWP 229-232). 6 38 Te Waipounamu MB 118-120 (38 TWP 118-120). 7 66 Te Waipounamu MB 66-84 (66 TWP 66-84). 69 Te Waipounamu MB 238 Te Ture - The Law [10] The statutory requirements that must be satisfied before I can consider granting a partition application are as follows:8 (a) That the owners have had sufficient notice of the application and sufficient opportunity to discuss an...

7. [2021] NZACC 139 - Van der Lee v ACC (17 September 2021) [pdf, 310 KB]

   ...the appellant several times, over that of Dr Fong and his CAP colleagues who have never seen the appellant. [e] Reference is made to Dew v ACC,2 where the Court said: To assert that lateral epicondylitis is not caused by trauma is wrong in law. This is supported by the journal article produced to the Court and in the ACC Review 45 document of July 2009, which says that the occurrence of epicondylitis as a consequence of direct trauma such as a blow is considered rare. [f]...

8. VT Ltd v BN [2020] NZDT 1535 (30 April 2020) [pdf, 131 KB]

   ...also disputes the amount claimed for the work. 11. BN filed a counterclaim for the sum of $2,490.90. Essentially he claims that VT Limited did not complete the work with reasonable care and skill. He also claims that on 31 May 2019, VT Limited unlawfully cancelled the contract and it waived its right to claim payment for the work. In his written submission BN claimed that, before instructing VT Limited to complete the work, he was not advised of CD’s “psychological disorders” tha...

9. [2022] NZACC 58 – Large v ACC (7 April 2022) [pdf, 261 KB]

   ...evidence that the accident had caused any new injury to Mr Large’s lumbar spine and that Dr Xiong’s suggestion that the accident could have caused some intrinsic nerve root injury was speculative and unsupported by any evidence. Relevant law [30] Section 20(2)(a) of the Act provides that a person has cover for a personal injury which is caused by an accident. Section 26(2) states that “personal injury” does not include personal injury caused wholly or substantially by a g...

10. IPT Annual Report 2014 [pdf, 3.7 MB]

    ...professional development consisted of several members attending various sessions of the Council of Australasian Tribunals (COAT) conference held in Auckland in June 2014. Topics included the role of Tribunals in the justice system and recommending law reform , appraisal and mentoring of members and the reliance on memory in hearings. Four members attended a seminar on international adoption and surrogacy - family formation in the 21 st century; two members spoke at the Immigration New Zeal...