14852 items matching your search terms
TIN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 126 ACR 143/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN KEVIN BOTHA Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 15 June 2021 Heard at: Wellington/Whanganui-A-Tara Appearances: Ms B Peck for the appellant Mr S Bisley and Mr L Kibblewhite for the resp...
...purpose of—: (i) Soil conservation: (ii) The maintenance and enhancement of the quality of water in water bodies and coastal water: 30 The leading case on the overlap of controls between regional councils and district councils is the Court of Appeal decision in Canterbury Regional Council v Banks Peninsula District Council.8 31 This case was a declaratory proceeding concerning whether the control of land for the avoidance or mitigation of natural hazards is within the power...
NSK FARMING LTD v CANTERBURY REGIONAL COUNCIL IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 082 IN THE MATTER of an appeal under s 120 of the Resource Management Act 1991 BETWEEN NSK FARMING LIMITED (ENV-2021-CHC-000021) Appellant/ Applicant AND CANTERBURY REGIONAL COUNCIL Respondent Court: Judge L J Semple sitting alone under s 279 of the Act Hearing: In chambers at Wellington Last case event: 9...
...ANY DETAILS THAT MIGHT IDENTIFY THE APPELLANT IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 11 ACR 291/18 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACCIDENT COMPENSATION ACT BETWEEN KI Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 20 November 2023 Heard at: Wellington / Whanganui-A-Tara Appearances: Ms H A...
M & L TAYLOR PARTNERSHIP V QLDC – CONSENT DETERMINATION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 282 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN M & L TAYLOR PARTNERSHIP (ENV-2023-CHC-43) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge P A Steven – sitting alone under s279 of the Act In Chambers at Christchurch...
...determination dated 20 November 2009 which concluded: The Standards Committee has considered the complaint and has decided to take no action on it, for the following reasons: 1. The complainant alleged that the practitioner should have continued the appeal proceedings but the practitioner maintains, and this is supported by a perusal of his file, that the complainant clearly instructed he wished to discontinue the appeal proceedings on the basis that costs would not be sought...
...breach of s 9(1)(a) of the Act which prohibits any preference in obtaining or retaining employment. Construction of the seniority clause [28] In Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc 8 the Court of Appeal affirmed the approach adopted in that case by Judge Shaw to the interpretation of a collective employment agreement, describing it as “conventional and appropriate”. 9 The Court of Appeal recorded that in her approach to the inter...
...the action by some payment. If the offer is not accepted the letter is intended to be produced after the Court has dealt with the merits of the case but before it has dealt with costs. Reference was also placed on the decision of the Court of Appeal in Health Waikato Ltd v Van der Sluis [1997] 1 ERNZ 236 which observed that the Calderbank discretion is a broad one which can encompass total figures comprising both compensation and costs. [33] The Board referred to Regulation 68 o...
...right to an extension of time which would defeat the purpose of the rules which is to provide a time table for the conduct of litigation. [12] I also have regard to the general principle summarised by Richmond J in Avery v No 2 Public Service Appeal Board [1973] 2 NZLR 86 at 91: When once an appellant allows the time for appealing to go by then his position suffers a radical change. Whereas previously he was in a position to appeal as of right, he now becomes an applicant for a g...
...judgment in the more pertinent case in which there had arisen a claim to privilege on grounds of self-incrimination, Taranaki Co-operative Dairy Co Ltd v Rowe. 5 Contrary to the approach adopted in Carter Holt Harvey Holdings, the Court of Appeal in Rowe’s case indicated that the Court could exercise a supervisory and inspectorial role, at least in relation to documents in which privilege against self- incrimination was asserted. Affirming the right to assert privilege against s...