Search Results

1. [2022] NZEmpC 174 Ashby v NIWA Vessel Management Ltd [pdf, 279 KB]

   ...Act 2000, s 183(2). novo challenge does not identify any errors of fact or law in the Authority’s determination on that issue. NIWA Vessel submits that if Ms Ashby had wished the Authority to award more than $20,000, she should have filed an amended statement of problem in the Authority. [42] NIWA Vessel relies on the Court of Appeal’s judgment in McCulloch and Partners v Smith.8 The appeal was from a judgment of the Employment Court in which the Employment Court h...

2. [2022] NZACC 88 – Pol v ACC (12 May 2022) [pdf, 284 KB]

   ...The manager explained that the schedule of injuries, referred to by Mr Pol, showed a summary of his covered injuries based on a standardised format for describing injuries, and that additional details regarding his injuries were included in his file. The manager invited Mr Pol and his advocate to provide details of any injury details which were wrong. [34] On 11 August 2020, the case manager had a conversation with Dr Miller, who recommended that Mr Pol participate in a multidisci...

3. [2021] NZACC 18 - Haronga v ACC (18 January 2021) [pdf, 214 KB]

   ...Meats as a butcher, which is mainly involved in export lamb. [3] A medical case review by an orthopaedic surgeon subsequently confirmed central spinal stenosis as well as lateral spinal stenosis at multi-levels of the lumbar spine.1 Mr Haronga filed a claim for cover for spinal stenosis as a work-related gradual process injury. [4] The Corporation first declined cover on the basis: • There was no work task or factor in his work environment identified as having caused his con...

4. Phillips - Ahipara A4 (2021) 438 Aotea MB 10 (438 AOT 10) [pdf, 333 KB]

   ...438 Aotea MB 17 (a) There were irregularities in respect to the boundaries of Ahipara A4 and Ahipara A5 which appear to have occurred when the digitally generated plan (ML 388119) dated 22 May 2007 was created. (b) The draft trust order filed with the succession application in 2005 and the final court order declaring the terms of trust dated 3 October 2005 were different and the change appears to have created confusion as to who the correct beneficiaries of the trust are. T...

5. [2022] NZEmpC 200 Stewart v AFFCO New Zealand Ltd [pdf, 309 KB]

   ...email of 20 August 2019 raising a personal grievance, and that the 90-day limitation in s 114 of the Act precludes any back dating to a point in time which precedes the previous three-months. [58] At the hearing, I granted Mr Stewart leave to file an application to bring his personal grievance out of time under s 114 and established a suitable timetable for the filing of submissions. Initially, Mr Stewart advised he would not file an application under s 114. I concluded,...

6. R v Secretary for Justice [2024] NZRA 001 (23 February 2024) [pdf, 240 KB]

   ...Applicant provided details of seven case examples. She acknowledged that one of those sample cases did not show “active and substantial involvement” in the case, as it resolved after the Crown opened its case. However, she did prepare the trial file in that case, prepared for the examination of the witnesses, and participated in the selection of the jury (challenges). [8] The Applicant provided four references with the Application. [9] In a supplementary statement, the A...

7. [2021] NZACC 147 – Langston v ACC (30 September 2021) [pdf, 328 KB]

   ...to her retirement. Issue [8] The issue in the appeal is whether Mr Langston was continuously incapacitated since the March 1980 accident to 3 April 1988 having regard to the following evidence which comprises: [a] The bundle of documents filed for the purpose of the first hearing before Judge Walker in February 2020. [b] The separate bundle of documents compiled by the Court in accordance with the directions in the minute of 13 November 2020 and provided to the parties by t...

8. Keightley v Accident Compensation Corporation (Entitlement to Surgery) [2024] NZACC 003 [pdf, 240 KB]

   ...position causing this pain on the heel and toward arch … pain is getting worst she went and see her GP and they told her it will come right but it hasn’t, so she’s looking for other options [7] On 28 July 2021, an ACC injury claim form was filed by Ms Sikulu, for Ms Keightley, repeating the description of the injured right ankle. Ms Sikulu diagnosed “sprain ankle and foot right”. [8] On 9 August 2021, Ms Keightley’s claim was automatically accepted for right an...

9. Chandra v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 082 [pdf, 253 KB]

   ...in nature. It was noted there was scope for additional psychological support as Mr Chandra had experienced mental health issues and training for independence for rehabilitation purposes was encouraged to maintain recove1y. [34] A late appeal was filed in November 2022, with the Court granting leave to Mr Chandra to appeal out of time in January 2023. 10 [35] New evidence was filed in the appeal from Dr Koshy, Clinical Neurophysiologist in a report dated 14 April 2023. Dr Koshy...

10. [2024] NZEmpC 101  Auckland One Rail Limited v Rail and Maritime Transport Union [pdf, 286 KB]

    ...he did not have instructions to accept service. [3] In those circumstances I decided to grant urgency to the application for an interim injunction and gave directions to enable it to be heard urgently yesterday. [4] As directed the defendant filed a notice of opposition and two affidavits in response. The strike notice [5] What is in issue is the strike notice given by the defendant to the plaintiff. The strike notice was also provided to the Chief Executive of the Ministr...