Search Results

1. LCRO 136/2021 YL v OB (28 February 2022) [pdf, 249 KB]

   ...these aspects of Ms YL’s complaint include rule 3.1 and rule 10. [98] Rule 3.1 provides that a lawyer must at all times treat a client with respect and courtesy and must not act in a discriminatory manner in contravention of section 21 of the Human Rights Act 1993. [99] Rule 10 provides that a lawyer must promote and maintain proper standards of professionalism in the lawyer’s dealings. [100] I am not persuaded that Ms YL’s concerns regarding Mr OB’s general demeanour ar...

2. McKenzie v Accident Compensation Corporation (Personal Injury) [2024] NZACC 008 [pdf, 295 KB]

   ...weight. She received treatment from a physiotherapist, but her pain persisted. Dr Rossaak referred to an x- ray as showing relatively well-preserved joint spaces. Dr Rossaak referred Mrs McKenzie for an MRI scan. [13] On 3 October 2019, Dr Marcus Ghuman, a radiologist, reported on the MRI scan of the right knee. He concluded: Interpretation: Tearing of posterior horn and body of medial meniscus. Medial collateral ligament sprain. Relatively extensive tearing of lateral menis...

3. Appendix-4_Peter-Kinley_-s87F-Report_Flooding-and-Hydrology_28-April-2023.pdf [pdf, 1 MB]

   ...necessary to have identified/relied on the two categories described above. 40. I consider that flooding effects should be contained within the designation. Increases in flood depth can directly result in adverse effects including increased risk to human life, increased areas of flooding which decrease the utility of the land and provide greater levels of restriction on its development, increased risk to the well-being of animals and stock, and increased likelihood, frequency and e...

4. Body Corporate 85978 and Unit Owners of St Pauls Apartments v Wellington City Council & Ors [2013] NZWHT Auckland 9 [pdf, 228 KB]

   ...and that the units known as the Quest units were not part of the eligible claim. While the Chair of the Body Corporate and the individual unit owners may not have fully understood the situation it is Mr Crew who was the contact person and the human face of the claimant for this claim. In addition it appears to be common knowledge that the issue of whether the Quest units could be part of the claim would be something that the Tribunal would need to determine after the claim for a...

5. [2020] NZEnvC 024 Panuku Developments Limited v Auckland Council [pdf, 1.7 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: Counsel: Date of Decision: Date of Issue: IN THE MATTER AND BETWEEN AND AND Decision No. [2020] NZEnvC 02-4- of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act PANUKU DEVELOPMENT AUCKLAND LIMITED (ENV-2018-AKL-000176) Appellant AUCKLAND COUNCIL Respondent R Peters and R Bannan R Dexter and A Modrow N Smith P Lange L Whiley s 27 4 parties Envir

6. [2007] NZEmpC CC 14/07 Kostic v Dodd and Milligan [pdf, 130 KB]

   ...question. [70] On this issue, I have regard not only to the quality and consistency of the evidence but also to the likelihood of what each party alleges to have happened. I find the account given by Mr Kostic to be much more in accord with human nature and inherently much more likely to be correct than the case relied on by the employer. There are numerous factors which lead me to this conclusion. Mr Kostic was a passionate salesman pursuing a sale. Given his commitment to th...

7. [2006] NZEmpC AC 50/06 Tu'itupou v Guardian Healthcare Operations Ltd [pdf, 134 KB]

   ...that these words or words similar to them were used. [14] The correspondence following the dismissal meeting is annexed to both Mrs Tu’itupou’s brief of evidence, now sworn as an affidavit, and the affidavit of Mr Walter Bruce Wall, National Human Resources Manager for the defendant. Mr Wall’s affidavit was sworn on the 2 August 2006. [15] On the 14 June 2002 Ms Schaaf wrote to Ms Jolly as follows: As indicated to you yesterday, Mrs Tupou Tu'itupou will be lodging a per...

8. CORNELIUS Grant Charles (CSU 2011 AUK 001161) [pdf, 235 KB]

   ...is for the rural sector and communities associated with farming to stand up and take the leadership or ownership of the health and safety issues including quad bikes without the threat of enforcement of the regulators and prosecution. [127] Human nature has shown that proactive leadership will always win the test of longevity in terms of success as opposed to coercion or compulsion. Self initiation has more long-term value in the end. 20 Roll Over Protection Devices [1...

9. Cross v Accident Compensation Corporation (Claim for personal injury, revocation of cover) [2024] NZACC 58 [pdf, 277 KB]

   ...is caused by an accident. Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. 4 Bartels, above note 1, at [33]. 17 [6...

10. [2023] NZEnvC 255 Abrahamson v Canterbury Regional Council [pdf, 290 KB]

    ...dwelling, along with associated disturbance of the soil on an allotment created under a subdivision consent, required a further resource consent under the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (‘NES-CS’). [74] Activities covered by the NES-CS included disturbing the soil of Hazardous Activities and Industries List (‘HAIL’) land for a particular purpose, including for construction of a dwelling. 15 Re Hast...