Search Results

1. CW v Accident Compensation Corporation (Claim for cover for mental injury) [2025] NZACC 057 (7 April 2025) [pdf, 338 KB]

   ...enabled ACC to assess this claim. The cover decision as of the date of this letter is a fresh decision. This fresh decision amends the decision dated 10/05/2021. This fresh decision has review rights. Thank you for your patience while we carefully assessed your Treatment Injury claim for cover. … How we made this decision Based on the information we’ve received including the assessment report from Dr Rajendra Pavagada, there isn’t sufficient evidence to show your men...

2. Fehling v South Westland Area School [2012] NZHRRT 15 [pdf, 144 KB]

   ...accurate and succinct manner. He was forthright and direct when responding to questions. We are of the view he has conscientiously provided a true account of the events in question. [59] Mr Fehling is an intelligent and articulate individual who cares passionately about his deeply held convictions. It would appear that some mistake his passion and intensity for “anger” or intimidation. For example, Ms Sloane said in her evidence that she had felt that in the course of presenting...

3. [2021] NZEnvC 032 Cabra Rural Developments Limited v Auckland Council [pdf, 32 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU IN THE IYIA TIER OF BETWEEN AND AND Decision No. [2021] NZEnvC O 3 2 the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA), and the Resource Management Act 1991, and the rural subdivision provisions of the in part proposed and in part Operative Auckland Unitary Plan, and appeals pursuantto s 156 oftheLGATPA CABRA RURAL DEVELOPMENTS LIMITED FOREST HABITATS LIMITED

4. [2016] NZEmpC 13 Adams t/a Untouchable Hair & Skin v Brown [pdf, 171 KB]

   ...excess of $15,000. [31] The next relevant offer was made for Ms Brown by letter of 24 November 2014. [32] Before outlining its terms I observe that the Court of Appeal has made it clear that both parties should have the option of obtaining protection from costs by making offers to settle in some way in order to meet a claim. So, plaintiffs (here the cross- challenger) should also have protection where defendants decline reasonable settlement offers. 18 [33] The offer made fo...

5. Hawkes Bay Standards Committee v Clarkson [2012] NZLCDT 37 [pdf, 73 KB]

   ...has made out a case of sufficient weight to displace the normal requirements of openness in the Tribunal’s processes. [43] On balance, we do not consider that she has made out such a case. The medical report was a matter which we considered carefully, but we have reached the conclusion that it does not outweigh the requirement for openness. [redacted]. Of course the proceedings have now been resolved, by the withdrawal of five charges of misconduct and the amendment of the tw...

6. Vining Realty Group Limited v The Real Estate Agents Authority (CAC 408) [2017] NZREADT 57 [pdf, 209 KB]

   ...Authority’s training courses. [58] The Committee said that while the circumstances of the earlier case were not exactly the same as the present case, it was “unsettling” that the Agency still did not appear to have ensured that its systems provided protection to the consumer and that, “again, the agency claims to have been unaware of the conduct and to have acted in good faith.” The Committee noted that:14 … the Agency is obliged under the Act to provide adequate super...

7. Barriball v Schimanski - Otaraoa-B2E Block (2021) 431 Aotea MB 256 (431 AOT 256) [pdf, 287 KB]

   ...this judgment would have made it untenable for Ms Eriwata to have remained a trustee. My conclusion is that, had she not resigned, Ms Eriwata would have been removed as a trustee for cause. [45] In any event, the trust has now been subjected to a careful and intensive review and an independent audit. There have also been changes to the trustees. That the trustees have made some important improvements to their own internal processes is also acknowledged. As a result, I am satisfi...

8. Effective Lawyering in the New Plan Making Paradigm [pdf, 588 KB]

   ...this, participation in independent hearings panel processes is unlikely to be ‘cheap’. Rather the financial and economic gains are more in the sense that they deliver plans much more quickly than traditional ‘two step’. Lawyers need to be careful to properly brief their clients on those realities. In essence, a client needs to see value in terms of influencing the final outcomes that they will then need to live with once the plan is in effect.

9. TSO v Essina [2020] NZIACDT 2 (16 January 2020) [pdf, 117 KB]

   ...sought her explanation. [39] Ms Essina sent a text message to the complainant on 19 October 2017 (verbatim): Hello [the complainant’s name], how are you? I wonder, how much your complaint worth to you? I am about to pay a lawyer the money to protect me…but I would rather pay it to you, if you withdraw your complaint. Are you interested to talk about it? Explanation to Authority from Ms Essina [40] A barrister, Mr Y Lukas, wrote to the Authority on 13 November 2017. He r...

10. [2022] NZEnvC 186 Blue Wallace Surveyors Limited v Waikato District Council [pdf, 422 KB]

    ...5851 Great South Road, Ngaaruawaahia The property at 5851 Great South Road, Ngaaruawaahia was not included as a Maaori Site of Significance in Schedule 30.3 of the notified Plan. Ngāti Tamainupō in submission 962 sought the following: Add protection on some of the significant borrow pits on the properties at 5851 Great South Road and 2831 River Road Ngaaruawaahia, and any other section the submitter deems to be of high cultural significance (e.g. proximity to Pukeiāhua and size)...