Search Results

1. [2019] NZEmpC 129 A v N Ltd [pdf, 291 KB]

   ...position is more nuanced than that stated by the Authority. Just because there was a good reason for dismissal does not mean that lost wages cannot be awarded. The facts of this case show that dismissal was not inevitable. [6] A filed a non-de novo challenge to the determination. The election pursuant to s 179 of the Employment Relations Act 2000 (the Act) related only to that part of the determination where the Authority found that A’s summary dismissal for refusin...

2. LCRO 192/2017 KY v QW, Official Assignee (27 September 2019) [pdf, 141 KB]

   ...obligations owed to the Official Assignee. Particularly, when Mr KY was “a party to the arrangement” to pay the outstanding legal fees to the barristers, and to the firm from money vested in the Official Assignee. Application for review [23] Mr KY filed his application for review in this Office on 16 October 2017. He says the Committee, in finding that his obligations “to account to the Official Assignee” were “no less” than those of Mr GC, had “erroneously determine...

3. [2021] NZEnvC 171 Public and Population Health Unit of the Northland District Health Board v Northland Regional Council [pdf, 546 KB]

   ...decision, the Court concluded that the Plan should be modified in accordance with its findings. Parties were also provided with a brief opportunity to comment on the wording of the provisions outlined in Annexure A to that decision. The Council filed a memorandum with the Court on 1 November 2021, identifying four minor corrections that it considered should in the final provisions endorsed by the Court. These were not considered in our final decision. Those corrections include:...

4. Tapsell - Succession to Pera Wikiriwhi or Pera Matataia [2021] Chief Judge's MB 1002 (2021 CJ 1002) [pdf, 485 KB]

   ...It sets out the background to the application. The Registrar’s Report is reproduced in full as follows: APPLICATION UNDER SECTION 45 OF TE TURE WHENUA MĀORI ACT 1993 REPORT AND RECOMMENDATION Introduction 1. This application has been filed by Lucy Tapsell (the applicant) to amend an order made at 203 Rotorua MB 164 dated 3 August 1982 (order complained of) relating to succession to the estate of Pērā Wikiriwhi also known as Pērā Matataia (the deceased). 2. The appli...

5. [2022] NZEmpC 177 Shah Enterprise IT Ltd v A Labour Inspector [pdf, 240 KB]

   ...discount to the arrears of wages he calculated as owing by allowing a deduction of 15 per cent to the total wages pursuant to s 7 of the MW Act to take into account board and lodgings provided to Mr Maradiya by Mr Shah. [20] The Labour Inspector filed proceedings in the Authority. Although the plaintiffs engaged in the early part of the Authority process, they did not attend the investigation meeting. [21] Having heard from the Labour Inspector and Mr Maradiya, the Authorit...

6. [2024] NZEnvC 013 Duffy v Dunedin City Council [pdf, 1.9 MB]

   ...development or subdivision to residential purposes is undertaken. Further court-directed expert caucusing [38] Further expert caucusing on geotechnical and indigenous vegetation issues occurred as directed by the court. A JWS from the ecologists was filed on 8 May 2023 (‘Ecological JWS’). A further JWS from the geotechnical witnesses was filed on 26 July 2023 (‘second Geotechnical JWS’). The geotechnical witnesses were able to agree on necessary geotechnical provisions...

7. [2021] NZACC 96 – Prater v ACC (6 July 2021) [pdf, 237 KB]

   ...that on behalf of your employer Livestock Improvement Corporation Ltd, entitlement to further medical treatment will be suspended from 20/08/2019. [Emphasis added] [4] WellNZ’s decision was upheld at review. Agreed Facts [5] The parties filed a statement of agreed facts, reproduced as follows. [6] Mr Prater has cover for right rotator cuff sprain and shoulder joint sprain. [7] The accident occurred at work on 19 November 2017 whilst artificially inseminating a cow. Mr Pr...

8. [2021] NZACC 114 - Stalmann v ACC (3 August 2021) [pdf, 267 KB]

   ...adhesions causing bowel obstructions, it has been determined that the bowel obstructions have not been caused by adhesions but by the underlying caecal volvulus and therefore not caused by treatment and not coverable. [25] Since the appeal was filed the appellant has filed a number of reports in respect of her ongoing treatment, including: • Report by Associate Professor Andrew Harrison, Rheumatologist dated 8 February 2018. • Report by Ms Alexandra Gordon, General Surgeon...

9. LCRO 52/2022 AD v OC (12 July 2024) [pdf, 244 KB]

   ...applicant applied for an injunction restraining the Council from enforcing the defect notice. I do not have the details of that application but the applicant says that in substance he sought to force the Council to adopt Option 2. [20] The applicant filed his complaint against the respondent in July 2021. This seems to have been before the hearing of the injunction application. [21] It seems the applicant’s litigation strategy was not successful. He says he obtained an injunc...

10. Jones v Accident Compensation Corporation (Personal Injury) [2024] NZACC 106 (25 June 2024) [pdf, 209 KB]

    ...lumbar spondylosis. [31] On 14 September 2018, Mr Jones suffered a further lumbar sprain, and was granted cover. [32] On 22 June 2020, Mr Jones slipped down some wooden steps “in the wet and dark”. On 2 July 2020, Dr John Elliott, GP, filed an ACC injury claim form for a contusion of Mr Jones’ knee and lower left leg, internal derangement of the left knee, and a lumbar sprain. The claim was automatically accepted on 6 July 2020. [33] Medical certificates followed and c...