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1. LCRO 21-2017 AJ v AK [pdf, 298 KB]

   ...AK’s actual and reasonable legal costs incurred in instructing legal counsel to apply to the Family Court to resolve the matter of distribution and division of the remaining funds in his trust account. Application for review [33] Mr AJ filed an application for review on 17 January 2017. The outcome sought is that the Committee’s determination “is squashed in all respects”. [34] In support Mr AJ submits: a) He was entitled to be paid by Mr AK for the work involved in s...

2. S B v Atia [2018] NZIACDT 4 (19 February 2018) [pdf, 310 KB]

   ...conflicts of interest and managing fees. Whether Ms Atia met her professional obligations flows from those conclusions, as the core facts are documented with only a limited scope for dispute. The Complaint The background facts [5] The Registrar filed a statement of complaint, set out a factual narrative, and identified two aspects that were potentially grounds for complaint. The main elements of the factual background in the statement of complaint were as follows: [5.1] The...

3. Walker v Flight - Waipapa 1D 2B 3B (2016) 352 Aotea MB 211 (352 AOT 211) [pdf, 263 KB]

   ...remain in dispute failed when the trustees procured a building inspection report that said his dwelling was not habitable. Since then Mr Flight says that he has expended approximately $8,000.00 of borrowed funds on improving the house and has filed in support of his position evidence from a builder to confirm that the house is now habitable. [5] Further, Mr Flight says that the trustees are acting unreasonably and contrary to their trust order. This includes in failing to provid...

4. Chief Coroner 2017-18 Annual Report [pdf, 3 MB]

   ...Service. There have been several high-profile inquests held and findings issued. Some of these are referred to later in this annual report. The work of a coroner is somewhat relentless. The role entails balancing an active caseload of up to 300 files, together with inquest hearings and the 24/7 duty coroner role. This year, more deaths were reported to us than the previous year and we took jurisdiction over more of them. This increase in workload has increased the average number...

5. [2019] NZEnvC 167 Western Bay of Plenty District Council v Bay of Plenty Regional Council [pdf, 13 MB]

   ...inclusion in Schedule 3 - Outstanding Natural Features and Landscapes in the Coastal Environment to the Proposed Regional Coastal Environment Plan (the Schedule item). We directed that any response by any party to that proposed version was to be filed and served by 5 July 2019. [2] A joint memorandum of counsel for the appellant and the respondent (the Councils) dated 5 July 2019 was filed and served that day. [3] Counsel for the Matakana Hap0 sought an extension of time in order to...

6. [2018] NZEmpC 128 Blue Water Hotel Ltd v VBS [pdf, 435 KB]

   ...dated 27 April 2012. 5. Save for seeking mediation in or about March 2015, the defendant took no steps in her employment claim down to filing proceedings in the Authority, on or about 28 September 2015. [6] On these facts, the proceedings were filed some three and a half years after the employee raised her personal grievance. Unless the time limit as expressed in s 114(6) of the Act can be extended, her claim asserting a personal grievance will be time-barred....

7. [2021] NZEmpC 138 The 20 District Health Boards v New Zealand Nurses Organisation [pdf, 378 KB]

   ...the legal position. Urgency was sought. The parties agreed that the proceedings should be removed to the Court for hearing, but the Authority declined leave for reasons set out in a determination of 5 August 2021.3 [18] The DHBs immediately filed an application for special leave to remove the matter. This was heard and considered by Chief Judge Inglis on 6 August 2021, who later that day issued a judgment in which special leave for removal of the proceeding was granted.4 In he...

8. [2021] NZACC 151 - Estate of Carl Snyman (30 September 2021) [pdf, 275 KB]

   ...Kathleen Callaghan dated 6 November 2015. 11 February 2016 A review hearing is conducted. Dr Snyman is represented by counsel, Mr Philip Schmidt. 24 March 2016 ACC’s decision is upheld by Reviewer, Sandra Gay. 5 April 2016 An appeal is filed with the District Court. 4 August 2016 A claim is lodged on behalf Dr Snyman for an autoimmune disease as a treatment injury resulting from the vaccination (“treatment injury”). 3 October 2016 Dr Snyman is granted deemed...

9. [2022] NZEmpC 131 Farrand Orchards Ltd v Tane [pdf, 342 KB]

   ...employment agreement prior to commencing work at 8 am on 1 April 2019? (iv) If the Authority did err in law, what are the appropriate remedies and costs awards in relation to the Court’s finding? [30] Comprehensive briefs of evidence were filed by both parties. Also before the Court were the several documents to which the Authority had referred in the determination. I also received submissions to which I will refer where relevant. [31] At the commencement of the he...

10. [2024] NZEmpC 226 Glenfield College BOT & Ors v Anderson [pdf, 272 KB]

    ...large part caused by the fact that two full investigations had to be undertaken by the Authority, through no fault of either party. Regrettably one of the key witnesses for the plaintiff passed away prior to this hearing. His brief of evidence, filed in the Authority in both investigations, was admitted by consent.3 [5] This is a de novo challenge and the Court must reach its own decision after hearing the claim afresh. I have however reached the same overall conclusions as t...