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1. [2022] NZEmpC 151 Kang v Saena Company Ltd [pdf, 378 KB]

   ...fear”. She said that she felt as if she “would be collapsing”. She was crying. She removed her apron – and I infer her cap – saying she would “quit” or “leave” the premises, so as to remove herself from the situation. [110] As she was leaving, Mr Kang said he would follow her soon. As far as Mr Kang was concerned, Mr Hwang had told Ms Chung to leave the restaurant. [111] Mr Hwang also told Mr Kang to leave. Mr Kang hesitated, so Mr Hwang repeated the sta...

2. [2022] NZACC 145 – Stojicevic v ACC (26 July 2022) [pdf, 434 KB]

   ...sprain. She was found to be unfit for work for two days. [109] Her second accident occurred on 13 July 2018 two weeks after she returned to work from the first accident. This time she slipped on a wet floor and landed heavily on her buttocks. [110] This injury appeared to resolve itself and on 3 September 2018, her GP considered her fit for work. She reported feeling a lot better with no back pain. She was found to have full range of movement of the back. [111] The next med...

3. [2022] NZIACDT 17 - SU v Murthy (18 July 2022) [pdf, 305 KB]

   ...complaint, on 17 November 2020, the husband texted Ms Murthy asking if the NZQA assessment could be cancelled. Ms Murthy replied immediately to say that it could not. As the Registrar notes, it had still not been lodged with NZQA at that time. [110] The Tribunal has already accepted that Ms Murthy believed until about 30 November 2020 that the assessment application had been filed and was being processed by NZQA. At 17 November 2020, Ms Murthy did not know that the assessment...

4. [2021] NZACC 151 - Estate of Carl Snyman (30 September 2021) [pdf, 275 KB]

   ...Tuiqereqere for the respondent Judgment: 30 September 2021 ____________________________________________________________________ RESERVED JUDGMENT OF JUDGE DENESE HENARE [Deterioration s109(2); Reassessment of vocational independence ss 107-110 of the Accident Compensation Act 2001] ____________________________________________________________________ [1] Dr Snyman passed away in 2018. His estate continues the proceeding. [2] This appeal is brought from a decision by the...

5. 2022-02-11 Statement of Evidence of Kerstin Strauss dated 11 February 2022 [pdf, 281 KB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-128 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Omnibus Plan Change - Plan Change 8, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA OTAG

6. [2022] NZEmpC 48 E Tu Inc v Mount Cook Airline Ltd [pdf, 314 KB]

   ...responsibilities pointed towards the sleepover being work. 2 Idea Services Ltd v Dickson [2009] ERNZ 116 (EmpC). 3 At [64]. See also New Zealand Fire Service Commission v New Zealand Professional Firefighters Union [2007] 2 NZLR 356, [2006] ERNZ 1109 (CA), where the Court of Appeal held, in the different context of a holiday assessment, that determining a working day is an intensely practical exercise. 4 Idea Services, above n 2, at [65]. 5 At [66]. [24] Finally, th...

7. August 2021 Outstanding applications in OCR [pdf, 431 KB]

   ...45/93 Hirini Paika Manihera CJ 2010/85 - Motatau 3P, Motatau 5 and Ngati Hine H2B – against the Partition and Ngati Hine amalgamation Order’s made at 50 Whangarei MB 268-294 on 23 December 1974 - Application to the Chief Judge A20110001330 45/93 Beverley Rewa McGhie (nee Wilson) CJ 2011/1 - Tamati Mihaka - Application to the Chief Judge A20110003034 45/93 Lucy Tapsell CJ 2011/12 - Pera Wikiriwhi or Pera Matataia – Succession orders made at 203 Rotorua MB 1...

8. [2023] NZREADT 2 - Wilson and Wilson v Registrar of the REAA (26 January 2023) [pdf, 222 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2023] NZREADT 2 Reference No: READT 016/2022 IN THE MATTER OF An application for review under s 112 of the Real Estate Agents Act 2008 BETWEEN GINA WILSON and CRAIG WILSON Applicants AND THE REGISTRAR OF THE REAL ESTATE AGENTS AUTHORITY Respondent Hearing on the papers Tribunal: D J Plunkett (Chair) G J Denley (Member) P N O’Connor (Member) Representation: The app

9. [2023] NZEnvC 180 Drinnan v Selwyn District Council [pdf, 312 KB]

   DRINNAN v SELWYN DISTRICT COUNCIL – DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 180 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN G M & J DRINNAN (ENV-2022-CHC-25) Appellants AND SELWYN DISTRICT COUNCIL Respondent Court: Environment Judge J E Borthwick Environment Commissioner K A Edmonds Environment Commissione

10. [2022] NZEmpC 131 Farrand Orchards Ltd v Tane [pdf, 342 KB]

    ...made by Mr Nicholls to the Authority, but no doubt due to the fact that the Authority was of the view that no promise to sign was made by Mr Tane on 1 April 2019, the issue of reliance did not fall for consideration at the remedies stage. [110] In summary, I am not satisfied that an adequately pleaded counter-claim in estoppel was raised. [111] Moreover, even if it had been, the Authority was not wrong to conclude that no such promise was given by Mr Tane on 1 April 2019 for t...