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1. [2021] NZACC 48 - Phelps v ACC (15 March 2021) [pdf, 189 KB]

   ...effects of the 2011 head injury. Late application for leave [10] Mrs Phelps’ application for leave was out of time, however the Corporation waives the time limit. The Corporation’s position [11] There was evidence available to permit Judge McGuire to determine that Mrs Phelps’ covered personal injuries were spent and there was no causal nexus between her ongoing problems in May 2017 and her covered personal injuries. The Corporation relies on reports from...

2. Tan v Ministry of Social Development (Strike-Out Application) [2020] NZHRRT 2 [pdf, 468 KB]

   ...be cured, that is preferable to striking out a claim. However, this must be balanced against the desirability of freeing defendants from the burden of litigation which is an abuse of process. 3 Litigants (including lay litigants) cannot be permitted to file claims that are incomprehensible as that visits prejudice and injustice on the opposing party. The same applies where litigants fail to engage with the Tribunal process and do not comply with specific orders of the Tribunal....

3. 20-05-13 Coroners Court alert level 2 protocol [pdf, 189 KB]

   ...available on site to enable staff and lawyers to keep their immediate areas clean (including AVL suites). c. Face masks and gloves may be worn. d. Hand sanitiser will be readily available within the courtroom. e. The court will not normally permit documents to be handed up. Documents that parties wish to produce should be scanned and shared by email at the appropriate time. 7. Any concerns about health and safety practices in the Court should be raised with the Court m...

4. Te Korowai Tiaki o Te Hauāuru Incorporated Society v Te Rūnanga o Ngāti Tama Trust (2019) 407 Aotea MB 47 (407 AOT 47) [pdf, 319 KB]

   ...were not advised until after the voting period had closed that their registration applications were not able to be processed due to insufficient supporting information being provided by them; and (e) some votes were received by email, which is not permitted under the Trust Deed. [18] Mr Pou further submitted that the balance of convenience lies in favour of holding fresh elections. He submitted: (a) The ability to vote in trustee elections is a fundamental right of any member o...

5. [2012] NZEmpC 199 Faitala & Goff v Terranova Homes & Care Ltd [pdf, 217 KB]

   ...comply with the requirement to account for the amount of compulsory contributions the employer is required to pay, in breach of s 101B(4)(b). In these circumstances the plaintiffs say that the total remuneration approach which might otherwise be permitted by s 101B(4) does not apply. [10] The defendant submits that it applies a total remuneration approach to its KiwiSaver compulsory employer contributions which is permitted under s 101B(4) of the KSA and its individual employment...

6. [2011] NZEmpC 79 Simich and Others v Air NZ second interlocutory [pdf, 60 KB]

   ...plaintiffs. [9] Next, the defendant has applied to strike out the third, fourth and fifth causes of action brought by each of the plaintiffs. This, too, is on limitation grounds. The plaintiffs say, however, that these causes of action should be permitted to go to trial. The gravamen of the plaintiffs‟ objection was, however, that this being a strike-out application, the defendant should be confined to making submissions on the pleadings and not be entitled to call evidence. M...

7. Coroners Court COVID-19 levels 2 and 3 protocol August 2020 [pdf, 146 KB]

   ...available on site to enable staff and lawyers to keep their immediate areas clean (including AVL suites). c. Face masks and gloves may be worn. d. Hand sanitiser will be readily available within the courtroom. e. The court will not normally permit documents to be handed up. Documents that parties wish to produce should be scanned and shared by email at the appropriate time. Any concerns about health and safety practices in the Court should be raised with the Court manager in...

8. ENVC Hearing 27Jul15 AC suppl evidence Leon Blackburn [pdf, 132 KB]

   ...below the threshold Page 3 31593962:629148 where treatment is strictly required under both the operative Air, Land and Water Plan (ALWP) and Proposed Auckland Unitary Plan (PAUP). Further, the amended proposal would now be assessed as a permitted activity under both the ALWP (rule 5.5.1) and PAUP (rules H.4.14.1.1 Stormwater Discharge and H.4.14.3.1 Stormwater Management - Quality). CONDITIONS 8. I have reviewed the latest set of stormwater conditions prepared by WML...

9. Waikato River Authority.pdf [pdf, 161 KB]

   ...effect to Te Ture Whaimana; and (c) opposes the relief sought by the Appellant in respect of Schedules D1 and D2 and Table 3.11-3, to the extent that these amendments may result in no immediate requirement to prepare a Farm Environment Plan for permitted low intensity farms and weaken the provisions of PPC1. 9. In addition, WRA: (a) supports any other similar or consequential relief arising from this appeal that gives effect to Te Ture Whaimana and the relief sought in WRA’s...

10. Fonterra Co-operative Group Limited.pdf [pdf, 72 KB]

    ...(delete), 3.11-3 (change priority of sub-catchments). Fonterra opposes as the relief sought is inconsistent with the outcomes sought in Fonterra's appeal. Deletion of sub-clause 3B to Rule 3.11.4.3 so that low intensity farming is no longer a permitted activity if it has a feedlot or sacrifice paddock or if more than 5% of land is used for cropping. Fonterra opposes as the relief sought is inconsistent with the outcomes sought in Fonterra's appeal. Strengthening of Farm E...