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...COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2025] NZACC 084 ACAR 144/24 & ACAR 145/24 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN SATIS CHAND Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 9 April 2025 Heard at: Christchurch Appearances: Ms Watson for the Appellant Mr Hlavac f...
...changing the status of Te Karaka 1B2B1 from Māori freehold land to General land. 1 SA12C/26, Certificate of Title Under The Land Transfer Act, S.502804, 2 December 1970. 2 Malcolm – Te Karaka 1B2B1 (1996) 1 Waiariki Appellate MB 31 (1996 APPEAL 31). 318 Waiariki MB 26 [7] On 16 October 1996 the Māori Appellate Court made a conditional order declaring that the status of the Land was Māori freehold land at the request of its owners, Te Poroa and Grace Ritohau.3 The orde...
...thereby raised. [16] Next, it is appropriate to refer to the relevant principles which apply to the hearing of a non de novo challenge since these differ from those relating to a de novo challenge: a) A non de novo hearing is in the nature of an appeal. The challenger or plaintiff is required to show that the Authority’s determination was wrong. 6 b) Thus, the challenger has an onus of persuading the Court of the existence of an error of fact and/or law by the Authority in...
...circumstances under which a Council owes common law obligations to a subsequent homeowner as a result of negligently carrying out an inspection of a dwelling during construction, i.e. the claim does not fall within the rationale of the Court of Appeal and Privy Council decisions of Invercargill City Council v Hamlin [1994] 3 NZLR 513 (CA) and Invercargill City Council v Hamlin [1996] 1 NZLR 513 (PC) (“the Hamlin decisions”) • The Council is under no duty to ensure absol...
...completeness, I set out a summary of those applications below to provide an overview and context for consideration of the present case. The current application has inevitably had to await the determination of many of the overlapping proceedings including appeals. Arguably, in some respects, those proceedings have overtaken the present application. Even so, the significant delay in the issuing of this decision is regretted. 1 3...
IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 144 ACAR 163/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN J MORRIS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 7 March 2024 Heard at: Wellington / Te Whanganui-a-Tara Appearances: Ms M Bagnall for appellant Mr J Sumner for respondent Judgment: 2 September 2024 ______...
...was able to identify any relevant authorities. The plaintiff’s argument appears to be a novel one. [14] Whoever has the benefit of a judgment is entitled to the fruits of it, unless the opposing party can show that, absent a stay, any right of appeal would be rendered nugatory or there would be the likelihood of a substantial miscarriage of justice. In Duncan v Osborne Building Ltd 7 the respondent had successfully applied for summary judgment against the appellant. The respon...
...rehearing, the court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing. (6) When a rehearing has been granted, the period allowed for an appeal to the Maori Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the court. [18] In Henare v Māori Trustee – Parengarenga 3G the Māori Appellate Court discussed the appro...
...should Mr Keepa be removed as a trustee? And are any further orders required to enforce the obligations of trust? 1 Keepa v Vercoe - Ruatoki B92 [2015] Māori Appellate Court MB 189-195 (2015 APPEAL 189- 195) 131 Waiariki MB 32 Background [3] Ruatoki B 92 is Māori freehold land comprising 34.875 ha created by partition order on 11 March 1993. 2 The block is administered by the Ruatoki B 92 ahu whenua trust. The...
...despite the prior proceedings in the READT? [4] In July 2013, CU made a complaint to the Complaints Assessment Committee (CAC) of the Real Estate Agents Authority. In April 2014, the CAC decided that no action was warranted. CU appealed to the READT. In December 2014, the READT issued a decision in which it found that XG was in breach of the rules governing the conduct of licensees for failing to disclose that piles were in need of repair. However, it declined to aw...