Ministry of Justice

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1. Anderson v Anderson – Estate of Barlow Nathaniel Hahona Anderson (2018) 185 Waiariki MB 287 (185 WAR 287) [pdf, 332 KB]

   ...agreements. The proviso being that the trustees can only do so where they are not breaching any relevant law in terms of privacy, employment or where issues of commercial sensitivity might arise. Issues of access, availability, time for copying and costs may also arise. In short, the beneficiaries are entitled to receive a wide array of information concerning the trust. After all, it is their property. Where trustees are unsure or where a beneficiary request is declined, then either...

2. [2021] NZACC 177 – Williams v ACC (5 November 2021) [pdf, 454 KB]

   ...the foregoing that in this case I find that what occurred to the appellant does not satisfy the definition of a treatment injury as set out s 32 of the Act. [96] For this reason, the appeal must be dismissed. [97] There is no issue as to costs. Judge C J McGuire District Court Judge Solicitors: Claro Wellington, for the appellant ACC and Employment Law, Auckland for the respondent

3. Hamon v Te Maari Mangakino Pouakani Marae (2020) 233 Waiariki MB 296 (233 WAR 296) [pdf, 263 KB]

   ...trustees call and hold an annual general meeting of the beneficiaries of the Marae to present the latest financial accounts for the Marae and elect trustees. (b) An independent facilitator be engaged to chair this annual general meeting, with the costs of the facilitator and advertising of the meeting to be met from the Māori Land Court Special Aid Fund. (c) Although there may be questions as to who is entitled to stand for election, any person who associates with the Marae shoul...

4. [2022] NZACC 96 – McGregor v ACC (19 May 2022) [pdf, 395 KB]

   ...Calzadilla v Accident Compensation Corporation [2022] NZACC 7 at [94]. ACR 272/20 concluding that she had achieved vocational independence in four work types was wrong. [106] I must therefore dismiss this appeal. There is no issue as to costs. Judge C J McGuire District Court Judge Solicitors: Shine Lawyers NZ Limited, Christchurch for the respondent.

5. [2021] NZEnvC 079 Guthrie v Queenstown Lakes District Council [pdf, 2.1 MB]

   ...June 2021 Date of Issue: 10 June 2021 _________________________________________________________________ DECISION OF THE ENVIRONMENT COURT _________________________________________________________________ A: The appeal is declined. B: Costs are reserved. Any application for costs is to be filed within 10 working days and any responses within five working days of receipt of any application. Contents A Appeal and Proposal 5 B The issues to be resolved 6 C Statutory...

6. Reedy v Atkins - Waitangi A1 A1 (2019) 76 Tākitimu MB 54 (76 TKT 54) [pdf, 362 KB]

   ...reason why the application for vesting should be refused. It was granted accordingly earlier today. Decision [23] The application for a vesting by way of gift between Godfrey Reedy and Ngarimu Parata is granted. [24] There is no order as to costs. These orders are to issue immediately, per r 7.5, Māori Land Court Rules 2011. Pronounced in Hastings at 4.30pm on Friday this 7th day of June 2019 L R Harvey D H Stone JUDGE JUDGE

7. 2021-03-18 Fish & Game opening subs [pdf, 298 KB]

   ...activity status found in a superseded plan that has become inoperative and having no ongoing relevance to the assessment of the application. We add that we can see no basis upon which Parliament could have intended that an applicant be put to the cost of bringing an entirely new, but identical, application, simply to overcome such hurdle. Such a pointless and expensive "workaround" should hardly be needed to serve the purpose of the Act. 24 This approach was confirmed in t...

8. [2017] NZEmpC 84 The Chief Executive of the Ministry of Social Development v Tuilaepa [pdf, 205 KB]

   ...that the stay of proceedings previously granted may no longer be required and, if necessary, leave is reserved for either party to seek orders about it. 11 De Bruin, above n 10. [92] Costs are reserved. In the absence of agreement, the plaintiff may submit a memorandum within 20 working days. The defendant has a further 20 working days to respond. K G Smith Judge Judgment signed at 10.30 am on 5...

9. George v ACC [2012] NZACA 13 [pdf, 78 KB]

   ...contained in the review transcript and is not to take an unreasonably restrictive or niggardly approach in its deliberations. [88] Leave is reserved to seek formal directions should this be considered necessary. [89] If the parties cannot agree to costs, Mr Sara is to file a memorandum within 28 days of the date of this decision and the Corporation will have a further 28 days to reply. DATED at WELLINGTON this 26th day of September 2012 Robyn Bedford Accident Co...

10. [2021] NZACC 26 - Haugh v ACC (4 February 2021) [pdf, 215 KB]

    ...inequitable to require repayment. ACR 230-18 Haugh Result [74] The appeal is allowed. The Corporation’s decision dated 14 September 2016 is quashed and the review decision dated 29 June 2018 is set aside. [75] The appeal is one of complexity and costs are awarded on a 3B basis under the District Court Rules. Judge Denese Henare District Court Judge Solicitors: Andrew Beck, Barrister, Greytown for the appellant Young Hunter, Wellingt...