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1. Moore - Lot 30 DP 40840 (being Oakura F2A) [2020] Māori Appellate Court MB 209 (2020 APPEAL 209) [pdf, 234 KB]

   ...other provisions of the 1993 Act (including ss 2 and 17) are of no effect. We do not accept that ss 2 and 17 of the 1993 Act are entirely irrelevant here. The original application in the present 2020 Māori Appellate Court MB 220 case was filed pursuant to s 18(1)(h) of the 1993 Act for a determination under s 131.31 We are exercising jurisdiction under the 1993 Act. Section 2(2) of the 1993 Act records Parliament’s intention that powers, duties, and discretions conferred...

2. LCRO 176/2021 BR v UE and VJ (7 December 2022) [pdf, 223 KB]

   ...hearing and provides a checklist to guide the Legal Standards Officer and the Committee when fixing the amount to be ordered. Any such checklist is administrative material that is not received or requested by this Office when the Committee’s file is sent for review. [53] It is only rarely that this Office will engage in an audit of an amount ordered to be paid by way of costs. This matter does not warrant any such interference. [54] Pursuant to s 211(1)(a), that order is confi...

3. [2023] NZEmpC 33 Pyne v Invacare New Zealand Ltd [pdf, 239 KB]

   ...agreement can be pursued on the challenge given that it was not expressly pleaded in this way in the Authority – the plaintiff says it can; the defendant says it cannot. [4] This judgment deals with these two preliminary issues. Both parties filed submissions and agreed that the matter could be dealt with on the papers. [5] In summary, I have concluded that there is no automatic bar to evidence being given afresh on a non-de novo hearing. Whether such evidence will be admitted i...

4. [2022] NZACC 137 — Wheeler v ACC (19 July 2022) [pdf, 262 KB]

   ...the request. [26] On 6 October 2020, the Corporation sought advice on Mr Wheeler’s requests from Ms Claire Ultee, Senior Triage and Workflow Coordinator, Elective Services Centre. Ms Ultee reported: On review of the clinical information on file, the client most recently had surgery on the 03/09/2020 and had an SRNA to consider the client’s needs. The SRNA report dated 07/09/2020 identified a need for a recliner chair and a rental mobility scooter. The client has been supp...

5. LCRO 140/2021 TQ v RI (8 August 2022) [pdf, 185 KB]

   ...years after the invoices had been rendered. [58] If Mr TQ had genuine concerns about the quantum of Mr RI’s fees, one would expect that his complaint would have been made much earlier. It would seem that the trigger for his complaints is the filing of court proceedings by [Law Firm A] to recover its fees. [59] The observations by Judge ZR are by no means conclusive and matters are now on hold because of Mr TQ’s complaint and now, this review. The claim before the court re...

6. Nelson Standards Committee v Downing and Reith [2022] NZLCDT 21 (27 June 2022) [pdf, 192 KB]

   ...during a call to advise him of her inability to raise a loan caused her to feel “threatened and vulnerable…bullied and humiliated”. [36] Her lack of knowledge and vulnerability were taken advantage of in that she was made to prepare, sign and file her own notice of change of representation and address for service in circumstances when her lawyers should have been well aware of the need that they seek leave to do so. [37] She was left unrepresented shortly before a judicial s...

7. [2021] NZACC 139 - Van der Lee v ACC (17 September 2021) [pdf, 310 KB]

   ...tear was missed on the November 2018 scan”, for the above objective reasons, I conclude that the full thickness tear was in fact missed in the November 2018 scan. [63] The Panel notes that it accepts the documented clinical findings on file with preference for the contemporaneous record and that diagnosis and recommended treatment is established by the examining clinician. [64] This being so, the contemporaneous record from the physiotherapist and in particular the record...

8. [2024] NZSSAA 01 (30 January 2024) [pdf, 268 KB]

   ...Authority may allow the appellant the costs of bringing all or part of the appeal when an appeal is allowed, either in whole or in part, or if the matter is referred back to the Ministry.27 80. Unless costs are resolved by agreement: (a) XXXX is to file information on any costs incurred in bringing this appeal within 15 working days of the date of this decision. (b) The Ministry is to provide any response within ten working days of receipt of any cost information filed for XXXX...

9. [2024] NZEmpC 64 Joyce v Ultimate Siteworks Ltd [pdf, 250 KB]

   ...2000 (the Act) for a breach of a compliance order issued by the Authority that required Mr Joyce to pay the costs award, interest, and costs and disbursements in respect of the compliance order proceedings.3 This application for sanctions was filed in the Court shortly before the hearing of Mr Joyce’s challenges. Ultimate Siteworks sought an order staying Mr Joyce’s proceedings until the costs award was paid, or, in the alternative, a fine under s 140(6)(d) of the Act. It als...

10. [2023] NZEmpC 217 MGK Homes Ltd v Yoon [pdf, 289 KB]

    ...unable to agree on costs, the defendant will have 14 days from the date of this judgment within which to file and serve any memorandum and supporting material, with the plaintiff having a further 14 days within which to respond. Any reply should be filed within a further seven days. Kathryn Beck Judge Judgment signed at 3.40 pm on 1 December 2023 16 MGK Homes Ltd v Yoon [2023] NZEmpC 22.