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1. Harris v Accident Compensation Corporation (Entitlement to Surgery) [2022] NZACC 231 [pdf, 310 KB]

   ...[32] Under the heading “CAP Panel Comment”, was this: A traction event to the nerve can occur when the nerve is forcefully stretched by a significant unanticipated force. The median nerve at the wrist and the ulnar nerve at the elbow are both protected and supported by their respective joints and soft tissue. As these joints move, so the nerves also have the capacity to move as part of their normal function. Therefore, even with milder traction forces, symptoms of irritation...

2. Body Corporate 199883 & Ors (Ridgeview Apartments) v Clarke [2010] NZWHT Auckland 22 [pdf, 216 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2007-100-000032 [2010] NZWHT AUCKLAND 22 BETWEEN BODY CORPORATE 199883 & OTHERS (RIDGEVIEW APARTMENTS) Claimants AND PETER LAURENCE CLARKE (Being the only remaining respondent) Fourth Respondent Hearing: 17 and 21 June 2010 Appearances: Mr C Leishman for the Claimants Fourth Respondent, Mr Peter Clarke, in person Decision: 25 August 2010 FINAL DETERMINATION Adjudicator: P J Andrew Page | 2 CONTE

3. [2021] NZIACDT 2 - IMH v Marica (4 February 2021) [pdf, 288 KB]

   ...dishonest or misleading conduct. 7 Furthermore, she was entitled to rely on the entry in the immigration consultancy’s client records relating to the visa expiry date. Her failure to double-check the date did not amount to a lack of due care. [38] Counsel advised that Ms Marica accepted there were delays in filing the s 61 request. These were largely out of her control, as explained in her affirmation. It was acknowledged that Ms Marica had failed to obtain the complain...

4. Te Wini v Askelund [2015] NZHRRT 21 [pdf, 97 KB]

   ...lawyer to represent Mr Te Wini in proceedings brought by the Department of Child, Youth and Family Services (CYFS) under the Children, Young Persons, and Their Families Act 1989. The Department sought a declaration that Mr Te Wini was in need of care or protection, a psychological assessment and an interim support order. Mr Te Wini was then ten years of age (his date of birth is 15 March 1993) and living in the day to day care of his father, Mr Kevin McQuoid. [2] At the time Mr McQuoi...

5. [2017] NZEmpC 97 Nel v ASB Bank [pdf, 216 KB]

   ...developed these assertions with reference to previous decisions of this Court, particularly those which emphasise it is not desirable to define disparity exhaustively, because whether any asserted disparity could impugn a dismissal would involve a careful analysis of all relevant facts and circumstances. Strike-out principles [19] The following strike-out principles can be taken from the Court of Appeal’s judgment in Attorney-General v Prince: 5 (a) Pleaded facts, whether...

6. LCRO 173/2021 KC v TG (6 May 2022) [pdf, 237 KB]

   ...retainer, as it develops.14 In my view, this must include information about how fees are tracking, particularly when they are being charged on the basis of time with no initial range having been indicated. [100] This view is reinforced by the consumer protection focus of the Act, predicated on the basis that there is a knowledge imbalance between lawyer and client, which a lawyer has a duty to ameliorate to the fullest extent possible.15 [101] Monthly or event billing by a lawyer t...

7. Karaitiana - Runanga 2E [2022] Chief Judges MB 454 (2022 CJ 454) [pdf, 399 KB]

   ...when the true intention of the Chief Judge’s decision was for them to have standing in both blocks. [24] Counsel argued that I have jurisdiction under s 86 to amend the orders made previously to show the true intention of the Court which is to protect, promote and safeguard the interests of Māori in respect of their land as a taonga tuku iho and to protect wāhi tapu. The orders made in 2015 did not give effect to this intention. [25] In terms of relief, counsel sought amendme...

8. OIA-110144.pdf [pdf, 5.5 MB]

   ...Manager, Civil and Constitutional 1 # Act + Relevant Section (linked) Summary of OIA exemption Rationale provided (if any) + where Comment e.g. if exemption changed/removed, difficulty finding information etc Links to key papers 1 Protected Disclosure (Protection of Whistleblowers) Act 2022 – Section 19 A receiver must refuse a request for information under the Official Information Act 1982 or the Local Government Official Information and Meetings Act 1987 as contr...

9. Waitangi Tribunal - Principles of the Treaty of Waitangi as expressed by the Courts and the Waitangi Tribunal [pdf, 190 KB]

   ...see it the ceding of käwanatanga to the Queen did not involve the acceptance of an unfettered legislative supremacy over resources. Neither Treaty partner can have monopoly rights in terms of the resource. Mäori interests in natural re- sources are protected by the distinctive element of tino rangatiratanga … Tribal rangatiratanga gives Mäori greater rights of access to the newly discovered spectrum. In any scheme of spectrum management it has rights greater than the general public, and...

10. Ngati Pahauwera Affidavits 4 of 4 [pdf, 9.7 MB]

    PAIKEA UIA MAl KO IA . WHAKAHUATIA AKE KO WAI TE WHARE NEI E -" ~'6--~ ( )(/<Jb ~ 'fJ""~ ( KO WAI TE TEKOTEKO KEI RUNGA KO PAIKEA KO PAIKEA WHAKAKAU PAIKEA (HEI) WHAKAKAU HE TIPUA (HEI) , KA U PAIKEA KI AHUAHU ~p~~~t\A H ec ~NINH/'\ - KEI TE WHITI A KOE KO KAHUTIA-TE-RANGI E AI TO URE KI TE TAMAHINE A TE WHIRONUI NANA I NOHO I TE ROTO A TAHE AUE! AUE! HE KORURU KOE .EKORO E 38 PAIKEA UIA MAl KO IA WHAKAHUATIA AKE KOWAITEWHARENEIE ·· ·