Search Results

1. BIM-Justice-July-2023_FINAL.pdf [pdf, 2.2 MB]

   ...the attack through to the completion of the emergency response and Tarrant’s formal interview by Police) will be the subject of a six week inquest hearing starting on 24 October 2023. 58. The appeal 59. In November 2022, Brenton Tarrant filed an appeal in the Court of Appeal against his conviction and sentence. This application was filed outside of legislative timeframes for appeals. 60. When appeals are filed outside the legislative timeframe, the Court of Appeal must decide...

2. Needham v Accident Compensation Corporation (Cover for Occupational Noise-induced Hearing Loss) [2024] NZACC 133 (5 August 2024) [pdf, 314 KB]

   ...cover to be accepted under the Accident Compensation Act 2001. [2] The Corporation’s decision was upheld at review. The Reviewer noted Mr Needham gave evidence at review. The evidence of Mrs Needham [3] Mrs Needham gave evidence and filed written submissions. The dates noted below are taken from the written submissions as elaborated in evidence. [4] At hearing, Mrs Needham gave evidence that she met her husband when she was 17 years old, and they had been together for...

3. Pio v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 142 [pdf, 303 KB]

   ...the subsequent Review Decision on Mr Pio’s entitlement to weekly compensation are correct as a matter of fact and law by reference to the Act as interpreted by the Courts. [11] In his notice of appeal and attachments and written submissions filed in support of his appeal, Mr Pio has advanced numerous complaints, breaches and alleged liability including for breach of contract, negligence alleged against the Corporation and medical professionals, fraud, defamation, Consumer Guaran...

4. [2023] NZEmpC 179 Pyne v Invacare New Zealand Ltd [pdf, 255 KB]

   ...obligations of good faith to Mr Pyne, it declined to impose a penalty for breach. It held that the company’s shortcomings had been addressed in the remedies ordered on his personal grievance and no further penalty was necessary.2 [2] Mr Pyne filed a challenge in the Court, electing to pursue the challenge by way of non-de novo hearing. Essentially he does not seek to disturb the Authority’s finding that he was unjustifiably dismissed and unjustifiably disadvantaged, or that th...

5. [2025] NZREADT 10 - CAC 2105 v Chen & Stevenson & Buy West Realty Limited (14 April 2025) [pdf, 379 KB]

   ...restrictive penalty appropriate in the circumstances; and (h) looked at overall, is the penalty which is fair, reasonable and proportionate in the circumstances. MS CHEN – PENALTY Submissions for Committee [49] On 31 January 2025, the Committee filed submissions as to penalty. The Committee filed submissions in reply on 7 March 2025. [50] The Committee submits that the appropriate penalty for Ms Chen is as follows: (a) Ms Chen’s licence be suspended for a period in the vici...

6. [2011] NZEmpC 43 Hally Labels Ltd v Powell [pdf, 165 KB]

   ...use by the defendant of confidential information which is comprehensively defined. Factual Background [3] It appears that the facts are not greatly in dispute and the defendant has accepted the chronology of events annexed to the submissions filed by counsel for the plaintiff. The following factual findings, based as they are on affidavits and without the benefit of cross-examination of witnesses, should be regarded as tentative only. [4] The plaintiff (Hally) is a privatel...

7. [2010] NZEmpC 88 Coy v Commissioner of Police [pdf, 67 KB]

   ...material. Section 69 is instructive in the balancing exercise that this Court must carry out under reg 44(3)(c). 2 [1997] 3 NZLR 424. 3 See [1998] 3 ERNZ 500, 514. [18] The plaintiff has filed a comprehensive affidavit about how Mr Dugdale came to compile his notes that were the subject of the assertion of privilege. She says that on some occasions she attended therapy sessions with Mr Dugdale on her own and on a smaller...

8. [2006] NZEmpC CC 12/06 Bayliss Sharr & Hansen v McDonald [pdf, 85 KB]

   ...Based on an assurance by counsel for both parties that the matter could be dealt with by way of submission only and that there was no need to call evidence, the matter was set down for hearing on 17 March 2006. The parties were also directed to file an agreed bundle of documents by 10 March 2006. Difficulties arose when the parties could not agree about the content of the bundle of documents to be made available to the Court. This was the subject of a memorandum from Mr Twomey on...

9. O v CAC 10028 & T [2011] NZREADT 15 [pdf, 184 KB]

   ...relating to the apparent purchaser for the T’s property who enabled 3 him to obtain an agency agreement. Mr O provided no contact details for the purchaser nor the Sale and Purchase Agreement which he was required by his agency to keep on file. In the CAC’s view on the balance of probabilities “Jo” the “non genuine purchaser” did not exist. Lied about the number of people who were viewing their property during the open homes Mr O provided no evidence to support...

10. [2013] NZEmpC 55 Morgan v Whanganui College Board of Trustees [pdf, 223 KB]

    ...NZEmpC 55 WRC 3/13 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN LEE MORGAN Plaintiff AND WHANGANUI COLLEGE BOARD OF TRUSTEES Defendant Hearing: By written submissions filed on 11, 20 and 21 March 2013 Appearances: David Burton, counsel for plaintiff Peter Churchman, counsel for defendant Judgment: 10 April 2013 INTERLOCUTORY JUDGMENT OF CHIEF JUDGE G L COLGAN [1] The defendant has applied...