Search Results

1. LCRO 253/2015 SL v NA (28 June 2019) [pdf, 249 KB]

   ...• He submitted that “the conduct in question amounted to an agreement to the contrary within the meaning of [r] 10.7”. • He also asserted that “the fee proposed by Mr NA was $45,000 which was the amount A/SL Law Limited agreed to protect Mr NA for” and that Mr NA had been paid in excess of that amount. [14] The outcome sought by Mr SL was for it to be held that neither he nor his firm had any liability to pay the outstanding amount. Procedure [15] This review has...

2. [2019] NZEnvC 120 The Friends of Sherwood Trust v Auckland Council [pdf, 216 KB]

   ...from having a costs award made against them. The key consideration is whether the arguments advanced by them were without substance, in the sense here of being legally without substance. [26] We found that the Council and DOC took considerable care to undertake the process surrounding the drop of 1080 properly. In relation to consultation with mana whenua, we were satisfied that this had been adequate14 and in relation to those who had the potential to be adversely affected by the o...

3. Harland v ACC [2012] NZACA 2 [pdf, 62 KB]

   ...March 2007. [2] The appeal was against a review decision dated 20 February 2003 (the review decision), which in turn was against the Corporation’s decision made on 10 March 2003 (the decision), to decline an application for backdated attendant care under s 80(3) of the Accident Compensation Act 1982 (the application). 2 [3] The impetus for the application to reinstate the appeal was my decision in Nee Harland v ACC [2012] NZACA in respect of the appeal filed unde...

4. LCRO 153/2017 ACE v BDF (28 September 2018) [pdf, 199 KB]

   ...contact by the children’s father suspended or supervised and that this allowed the father’s lawyer and Lawyer for the Child to argue that this was inconsistent with her alleged concerns as to the safety of her daughter while in the father’s care. 1 Standards Committee determination, 6 July 2017 at [5]. 2 [3] Ms ACE instructed Mr BDF in 2012 to act for her in relation to parenting issues where orders were made by the court estab...

5. Lehmann v Accident Compensation Corporation (Claims Process) [2024] NZACC 108 (27 June 2024) [pdf, 212 KB]

   ...relation to Ms Young: • Previous complaint closed with no further update or contact. • Issues with missing files, phone calls. • Concerns with notes being altered on Carole’s claim. • Concerns with ACC’s decision to stop wound nursing care. • Lack of contact and support from ACC Case Manager (to Carole). • Mental injury claim feels correct rate was not paid interest not applied. • Concerns with support/care worker acting unethically concerns with carer “doubl...

6. E50 Myfanwy Eaves - Historic Heritage - EIC - Council [pdf, 809 KB]

   ...adequately addressed, and on this basis, the overall effects would be minor11. 7.2 In terms of the proposed conditions relating to heritage, I expressed some concerns in relation to the Applicant’s proposed condition 45 and the accompanying ‘Protected Objects Protocol’ (Application Document 8)12. In section 7 of my Report I recommended a replacement version of condition 45 to put in place an appropriate process to require the consent holder to avoid, remediate or mitigate t...

7. E50 Myfanwy Eaves - Historic Heritage - EIC - Council V2 [pdf, 810 KB]

   ...adequately addressed, and on this basis, the overall effects would be minor11. 7.2 In terms of the proposed conditions relating to heritage, I expressed some concerns in relation to the Applicant’s proposed condition 45 and the accompanying ‘Protected Objects Protocol’ (Application Document 8)12. In section 7 of my Report I recommended a replacement version of condition 45 to put in place an appropriate process to require the consent holder to avoid, remediate or...

8. E50 Myfanwy Eaves Historic Heritage EIC Council [pdf, 810 KB]

   ...adequately addressed, and on this basis, the overall effects would be minor11. 7.2 In terms of the proposed conditions relating to heritage, I expressed some concerns in relation to the Applicant’s proposed condition 45 and the accompanying ‘Protected Objects Protocol’ (Application Document 8)12. In section 7 of my Report I recommended a replacement version of condition 45 to put in place an appropriate process to require the consent holder to avoid, remediate or...

9. [2024] NZEnvC 129 Second Star Limited v Queenstown Lakes District Council [pdf, 591 KB]

   ...although it notes a wider significance attaching to the case, associated with the protection of values of the Mt Alpha ONL within which the proposal is to be located. [91] LET is also concerned that if a hotel can be regarded as sufficiently 24 protecting ONL values of the site then the scheduling of ONL values, to enable their protection, has no meaning. Upper Clutha Environmental Society Incorporated [92] Mr Haworth made a submission on behalf of the UCESI, supporting the...

10. Smith v Waitakere City Council [pdf, 220 KB]

    ...penetrate that element to the extent disclosed in any particular case) for the dwelling to be defined as a “leaky building” and for a resulting claim to meet the eligibility criterion under section 7(2)(b). For example, a coat of paint or a protective coating of some description, or a particular cladding material may in some cases be the outermost building element into which, or through which, water has passed, thus qualifying the dwellinghouse concerned as a dwellinghouse in...