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1. [2023] NZEmpC 20 Henry v South Waikato Achievement Trust [pdf, 385 KB]

   ...and (c) her conduct caused disharmony in the workplace and reinstatement would result in further destructive conflict with other employees. [109] Central to those submissions was that being practicable was not the same as being possible.15 [110] There was no dispute that the position of 2IC was disestablished about three years ago and was not replaced with any similar position. There was no suggestion that the reorganisation was undertaken as a means to frustrate Ms Henry’s c...

2. Hastie and Dredge TRI-2023-100-001 Procedural Order 5 [pdf, 251 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2023-100-001 BETWEEN DONALD BRETT HASTIE AND LEANNE GAIL DREDGE as trustees for THE HASTIE & DREDGE FAMILY TRUST Claimants AND BARRY RONALD BARNES and PAMELA HOLMES First Respondent AND BARRY RONALD BARNES Second Respondent AND CHRISTCHURCH CITY COUNCIL Third Respondent AND GRAEME JACOBS ARCHITECT LIMITED (COMPANY NUMBER 1496058) Fourth Respondent AND DSF BUILDERS LIMITED (COMPANY NUMBER 1863635) F

3. [2021] NZACC 101 – OM v ACC (12 July 2021) [pdf, 271 KB]

   ...forward direction but has never had any formal input and it is clearly what he needs at the moment to push him along in ways he has trouble with. Balance issues have been identified but not the fact his early right hand dominance was abnormal. [110] On 17 June 2014 he underwent an MRI scan of his head. Under the heading ‘impression’ the report says: Unremarkable study. No structural abnormality or definite evidence of white matter volume loss. [111] The appellant cont...

4. [2022] NZREADT 1 - DU v Real Estate Agents Authority & DC (1 February 2022) [pdf, 333 KB]

   ...2021. The Tribunal declined to admit two letters (written after the Committee’s decision) as further evidence. We have not considered these letters or the submissions and evidence filed in relation to the application to admit these letters. [110] In a further Minute issued on 27 August 2021, the Tribunal directed that the appeal be determined on the papers and set a revised timetable for submissions. DISCUSSION [111] This is a preliminary issue, being the licensee’s applicatio...

5. Nathan v Accident Compensation Corporation [2022] NZACC 206 [pdf, 455 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 206 ACR 442/13 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN M NATHAN Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearings: 24 November 2021; 6 September 2022 Heard at: Auckland/Tamaki Makaurau Evidence and supplementary submissions completed: 5 September 202

6. Hipango v Ngaurukehu Section 3 and Other Blocks Inc. - Rangiwaea 4F14A2C (2023) 473 Aotea MB 25 (473 AOT 25) [pdf, 465 KB]

   473 Aotea MB 225 Hipango v Ngaurukehu Section 3 And Other Blocks Inc. - Rangiwaea 4F14A2C (2023) 473 Aotea MB 225 (473 AOT 225) I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O AOTEA In the Māori Land Court of New Zealand Aotea District AP-20230000022764 A20200002004 A20200002023 A20210008762 A20220010926 A20220013404 WĀHANGA Under Sections 4, 164 and 98(9), Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Rangiwaea 4F14A2C and Ot

7. LCRO 200/2020 SK and WP v AQ (27 October 2023) [pdf, 292 KB]

   ...urgency is inherent in such applications, depending on the immediate circumstances. This is because the time that has elapsed since any specific event relied upon is one of the factors taken into account by the Court in exercising its discretion. [110] Earlier in 2018, the respondent’s husband had obtained a without notice order preventing the removal of the children from New Zealand on grounds the respondent considered spurious. [111] I make those observations because of the C...

8. LCRO 126/2023 EG v HJ (28 November 2023) [pdf, 283 KB]

   LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2023] NZLCRO 145 Ref: LCRO 126/2023 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a decision of the [Area] Standards Committee [X] BETWEEN EG Applicant AND HJ Respondent The names and identifying details of the parties in this decision have been changed. DECISION Introduction [1] The applicant h

9. [2023] NZEnvC 255 Abrahamson v Canterbury Regional Council [pdf, 290 KB]

   ABRAHAMSON & ORS v CRC IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 255 IN THE MATTER of the Resource Management Act 1991 AND an application for declarations under ss 310 and 311 of the Act BETWEEN P S AND P E ABRAHAMSON, CENTRAL PLAINS WATER TRUST, AND CENTRAL PLAINS WATER LIMITED (ENV-2022-CHC-57) Applicants AND CANTERBURY REGIONAL COUNCIL Respondent Court: Environment Judge P A Steven Hearing

10. [2023] NZEmpC 237 Total Property Services (Canterbury) Ltd v Crest Commercial Cleaning Ltd [pdf, 377 KB]

    ...employees would have enough time to consider their options and the incoming employer would have a clear understanding of the timeframe for getting that information and an understanding of what employees were being taken on.36 Discussion [110] There is a clear intention to ensure that employees in industries subjected to the risk of frequent changes, such as cleaners, are not disadvantaged when businesses restructure. That is to be achieved by ensuring that when an election is m...