Search Results

1. [2023] NZEmpC 180 HelloWorld Travel Services (NZ) Ltd v Unsworth [pdf, 350 KB]

   ...as noted above, was awarded three months’ lost earnings pursuant to ss 123(1)(b) and 128 of the Act.17 [100] Ms Unsworth’s annual salary was $130,279.11; six months’ pay equalled $65,139.55; and three months’ pay equalled $32,569.77. [101] In her evidence in the Authority and before the Court, Ms Unsworth provided detail of income from a variety of sources over the six-month period following termination as follows: 17 Unsworth v Helloworld Travel Services (NZ) Ltd, abov...

2. MOJ0047_NOV22_FINAL_WEB.pdf [pdf, 533 KB]

   ...each other and in your community. However, if you feel like you need some more support, the following organisations can help you in a range of ways: ACC For financial support if a family or whānau member has died from an accident. Freephone: 0800 101 996. Website: acc.co.nz/im-injured/financial-support/financial-support-after-death After a Suicide An online support service run by the Mental Health Foundation for families and whānau affected by suicide. Website: afterasuicide.nz Birt...

3. 2023-09-26-SOE_Mark-St-Clair_Planning.pdf [pdf, 337 KB]

   ...the councils to review the submitted management plans and certify or not; (b) Provide a mechanisms for resubmission, but not partial submission, with a shorter time frame for certification; and (c) Remove reference to deemed certification. [101] At this stage I have not made amendments to reflect these changes throughout the condition set, given the breadth of the changes. [102] A final matter relates to the ‘in general accordance’ condition (RGA1).60 In expert conferencing...

4. [2023] NZEmpC 173 Pact Group v Robinson [pdf, 334 KB]

   ...quality of life and wellbeing, and to participate in and contribute to te ao Māori – the Māori world. 11 See Ellis v R [2022] NZSC 114, [2022] 1 NZLR 239 at [265]; and see also GF v Comptroller of the New Zealand Customs Service [2023] NZEmpC 101 at [16], where the Court observed that the statutory framework for employment relationships does not preclude the incorporation of tikanga/tikanga values and noted the natural alignment of employment law and tikanga principles. ne...

5. 2023-10-10-Rebuttal-Evidence-of-J-McConchie-Hydrology-and-Flooding.pdf [pdf, 987 KB]

   ...Assuming that such a condition is recommended, and I do not believe that it is necessary, it would be more appropriate to reference a positive change in the flood hazard category, as defined for example in the Floodplain Development Manual (2005).4 101. Mr Kinley and Mr McArthur propose a threshold for an ‘acceptable effect’ of the Project on rural zoned land of 100mm outside of the designation. However, they provide no evidence for this threshold or the change in effects abo...

6. Hodgson v Accident Compensation Corporation (Work-Related Personal Injury) [2024] NZACC 40 [pdf, 326 KB]

   ...December 2021 that she did not sustain a physical injury as a result of the 10 days working at AFFCO is reversed. That means that she has cover for this work related personal injury. [100] It is noted that the appellant is legal aided. [101] Costs are reserved. CJ McGuire District Court Judge Solicitors: Armstrong Thompson, Wellington Braun Bond & Lomas Limited, Hamilton Izard Weston, Lawyers, Wellington Background Appellant’s Submissions Re...

7. LCRO 76/2022 & 81/2022 PF v BA (13 May 2024) [pdf, 243 KB]

   ...can now prepare the necessary documents and will be in touch. [100] Following an enquiry from Mr PF in December 2019, Mr BA advised:28 The retirement & appointment has not progressed as we were trying to locate the original Trust Deed. [101] Mr PF considers that this amounts to incompetence and a breach of the Trusts Act 2019. [102] In his letter to the Lawyers Complaints Service on 11 November 2021, Mr BA provides further reasons for the documentation not being completed. H...

8. Outcomes for Mentally Impaired Persons December 2023 [xlsx, 102 KB]

   ...Male 90 93 123 156 147 125 150 158 160 160 84% 75% 85% 81% 82% 81% 80% 87% 83% 86% Unknown 0 1 0 1 0 0 0 0 0 0 0% 1% 0% 1% 0% 0% 0% 0% 0% 0% Ethnicity European 56 61 65 87 75 69 75 75 75 65 52% 49% 45% 45% 42% 45% 40% 41% 39% 35% Māori 41 48 58 74 76 63 101 88 97 93 38% 39% 40% 38% 42% 41% 54% 48% 51% 50% Pacific Peoples 11 13 16 19 25 18 23 18 15 26 10% 10% 11% 10% 14% 12% 12% 10% 8% 14% Asian 4 4 7 11 6 6 1 3 7 6 4% 3% 5% 6% 3% 4% 1% 2% 4% 3% Other 0 1 3 6 8 4 2 5 5 4 0% 1% 2% 3% 4%...

9. Mehrtens v Accident Compensation Corporation (Revocation, Suspension) [2023] NZACC 8 [pdf, 287 KB]

   ...has made payments made by it, in respect of the claim, before the date of the revision unless the claimant has made statements or provided information to the Corporation that are, in the opinion of the Corporation, intentionally misleading. [101] The decision Atapattu-Weerasinghe6 provides that where ACC relies on an error to revoke cover, it bears the onus of proving the error. 6 See Atapattu-Weerasinghe n3. [102] Section 117(1) of the Accident Compensation Act provides t...

10. Howell v Accident Compensation Corporation (Personal Injury) [2023] NZACC 85 [pdf, 347 KB]

    ...in patients who have undergone lumbosacral fusion. [100] Two days after Dr MacVicar’s report, on 18 April 2019, ACC declined cover for her sacroiliac joint pathology and declined to pay for surgery to treat her sacroiliac joint pathology. [101] In the paper file review by Mr Pai of 12 May 2019, he said he could not relate the appellant’s ongoing symptoms to her surgical treatment in 2013. However, he does not comment on whether the surgery is causally related to the sacroilia...