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1. Ratana v Tihi - Ruatoki B Section 23 and others [2021] Maori Appellate Court MB 290 (2021 APPEAL 290) [pdf, 240 KB]

   ...tripartite deed entered into between them, the Housing Corporation of New Zealand (Housing Corp), and the trustees who administered the land. [2] Hare passed away in 2015. Tei predeceased him. A year after Hare’s death, an application was filed to determine ownership of the house. That issue has been circling through the Māori Land Court, and this Court, for the last six years. [3] The Māori Land Court first determined ownership of the house in 2017.1 It then amended that...

2. Annexure 4 - Water Quality [pdf, 244 KB]

   ...fragmentary and in some cases inaccurate.21 He did not comment, however, in his written evidence on either the State of Lake and River Water Quality in the Otago Region report or the State and Trends Report as they had not been produced at the time he filed this evidence. [40] However, when questioned during the hearing on the reports which he had read subsequently, he said that he did not agree with the State and Trends Report in that ORC did not have information available to expl...

3. [2022] NZACC 110 – Hunter v ACC (9 June 2022) [pdf, 199 KB]

   ...for investigation. On 4 November 2021, the CAP (comprising four Orthopaedic Surgeons, a Physiotherapist, and an Occupational and Environmental Medicine Specialist) provided its report. Based on a review of the medical records on Mr Hunter’s file, the CAP determined that it was likely that Mr Hunter had jarred his left elbow and that this resulted in a haematoma and swelling and was consistent with a left elbow soft tissue contusion. The CAP did not consider that the clinical rec...

4. [2022] NZACC 184 — Simpson v ACC (27 September 2022) [pdf, 233 KB]

   ...year and, as such, advised that Mr Simpson was not entitled to an uplift to the minimum rate under Clause 42 of the First Schedule of the Act. [14] On 14 April 2021, the Reviewer dismissing the review application. On 14 April 2021, Mr Simpson filed a notice of appeal to this Court. Relevant law [15] Section 162(1) of the Accident Compensation Act 2001 (the Act) provides: A party to an appeal who is dissatisfied with the decision of a District Court as being wrong in law may, wit...

5. [2023] NZEmpC 11 New Zealand Air Line Pilots’ Assoc IUOW Inc v Airways Corp of New Zealand Ltd [pdf, 282 KB]

   ...mechanism that results in agreement pursuant to s 18(3) of the Act. Therefore, Airways cannot use the power under s 19(1)(a) to direct individual ATCs to take annual leave. [52] Costs are reserved. If any issues as to costs arise memoranda may be filed. K G Smith Judge Judgment signed at 4.05 pm on 10 February 2023

6. [2023] NZEmpC 64 Whangamata Golf Club Inc v Harwood [pdf, 261 KB]

   ...that insufficient remedies were awarded. 2 Employment Relations Act 2000, sch 3A cl 3. 3 Harwood v Whangamata Golf Club Inc, above n 1, at [41] and [43]. The plaintiff’s application for stay [6] On 20 February 2023, the club filed an application for stay, which would have the effect of relieving the club from paying the sums awarded to Mr Harwood until the challenges have been resolved. [7] The club supports its application for stay by relying on several grounds...

7. Fulton v Accident Compensation Corporation (Personal Injury) [2022] NZACC 233 (5 December 2022) [pdf, 201 KB]

   ...section 161(2)(b) of the Act, the Court requires the Corporation to undertake a fresh assessment of Mr Fulton’s claim. [41] Mr Fulton is entitled to costs. If these cannot be agreed within one month, I shall determine the issue following the filing of memoranda. P R Spiller District Court Judge

8. [2022] NZACC 25 - Howard v ACC (2 March 2022) [pdf, 193 KB]

   ...performed the surgical repair of his hernia. [44] The appeal is therefore allowed, and the review decision is set aside. [45] Mr Howard is entitled to costs. If these cannot be agreed within one month, I shall determine the issue following the filing of memoranda. P R Spiller District Court Judge Solicitor for Alliance: ACCE Ltd.

9. Auckland Standards Committee 5 v Stuhlmann [2022] NZLCDT 16 (2 June 2022) [pdf, 120 KB]

   ...adjourned, and, after discussion, we were able to indicate our decision on the main points, namely, censure, suspension for five months (from a date within one month to provide sufficient time for Mr Stuhlmann to organise his practice and hand over files so as not to disadvantage clients or his firm) and full costs, including reimbursement of s 257 costs. The full suite of orders is tidily recorded, below. 11 Orders [29] Accordingly, our orders (including those announ...

10. [2022] NZACC 125 – Williams v ACC (28 June 2022) [pdf, 242 KB]

    ...for crutches and/or a moonboot, the client would not be able to ACR 134/21 bear weight through the foot two and half weeks after the citing event. There is also no description of bruising or swelling… [21] On 13 October 2021, Mr Williams filed additional evidence from Andrew Baunton, Physiotherapist. He said: It is my opinion that Mr Williams sustained a sudden traction type injury while running resulting in a sprain and subsequently confirmed as tear with imaging after an...