Search Results

1. [2025] NZEmpC 91 LDJ v EZC [pdf, 280 KB]

   ...annexing reports from doctors who are familiar with the person, have been accepted as sufficient evidence.8 [25] The principles that should be taken into account in considering whether a person is “incapacitated” were expressed by the Court of Appeal in Corbett v Patterson in the following way:9 (a) The starting point is a presumption of capacity. (b) The burden of proof, on the balance of probabilities, is on the party asserting incapacity. (c) The inquiry should focus on t...

2. Andrews v Accident Compensation Corporation (Weekly Compensation) [2025] NZACC 17 (29 January 2025) [pdf, 208 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2025] NZACC 017 ACAR 114/24 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN GARY ANDREWS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 2 December 2024 Heard at: Auckland/Tāmaki Makaurau Appearances: Mr Hinchcliff for the appellant Ms Becroft for the respondent Judgment: 29 J...

3. Judicial complaints process

   ...Court, you should write to the Judicial Conduct Commissioner. The complaints process cannot be used to complain about a judge's decision. Disagreements with judges' decisions are dealt with through the judicial system. The decision may be able to be appealed or judicially reviewed by the Court of Appeal. After the investigation the Commissioner may: dismiss the complaint and take no further action in respect of it or refer the complaint to the Chief Judge of the Employment Court if the Commiss...

   Located in:

   1. Employment Court >
   2. Information & guidance

4. [2014] NZEmpC 168 New Zealand Airline Pilots Association v Air New Zealand Ltd [pdf, 185 KB]

   ...Court considers to be the fair or right thing to do in all the circumstances. [11] The most recent, authoritative and binding statement of the Court’s role in interpreting collective agreements is to be found in the judgment of the Court of Appeal in Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc. 4 The Court of Appeal referred to, and relied on, the judgment of the Supreme Court in Vector Gas Ltd v Bay of Plenty Energy Ltd 5 and a series of i...

5. Legal aid induction guide for legal aid providers [pdf, 402 KB]

   ...split into 4 approval levels (Criminal PAL 1-4) depending on the seriousness of the charge. Criminal legal aid may be available for a person: • charged with an offence that could result in them being sent to prison for 6 months or more • appealing their conviction or sentence. Criminal legal aid is less likely to be available for minor charges unless there are special circumstances such as difficulties with language, reading or writing, mental illness, or the interests of justi...

6. ARC76/06 AC-37/07 Yong v Chin [pdf, 92 KB]

   ...contained in the Contributory Negligence Act 1947 applying to certain liability for tortious damage. (b) In Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168, 172 the Court of Appeal outlined the correct approach to constructive dismissals as follows: In such a case as this we consider that the first relevant question is whether the resignation has been caused by a breach of duty on the part of the employer. To det...

7. [2018] NZEmpC 43 A Labour Inspector v Smiths City Group Ltd [pdf, 503 KB]

   ...8 Idea Services Ltd v Dickson [2009] ERNZ 116 (sleepover case); the full Court relied on New Zealand Fire Service Commission v NZ Professional Fire Fighters Union [2006] ERNZ 1109, where the Court of Appeal held, in the context of a holiday pay assessment, that determining a working day was an intensely practical exercise. 9 At [63]. http://www.legislation.govt.nz/act/public/1983/0115/latest/link.aspx?id=DLM74419#DLM74419 We think

8. Induction guide for legal aid providers - v1.4 June 2017 [pdf, 649 KB]

   ...split into 4 approval levels (Criminal PAL 1-4) depending on the seriousness of the charge. Criminal legal aid may be available for a person: • charged with an offence that could result in them being sent to prison for 6 months or more • appealing their conviction or sentence. Criminal legal aid is less likely to be available for minor charges unless there are special circumstances such as difficulties with language, reading or writing, mental illness, or the interests of justi...

9. [2021] NZACC 23 - Muirhead v ACC (28 January 2021) [pdf, 214 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 23 ACR 534/11 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN JILLIAN MUIRHEAD Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 23 November 2020 Heard at: Dunedin/Ōtepoti Appearances: Mr P Sara for the appellant Mr C Light for the respondent Judgm...

10. April 2021 - Outstanding Applications in the office of the chief registrar [pdf, 408 KB]

    ...Application to the Chief Judge 18 A20200004823 45/93 Anna Anderson Wahapo Tipene - against a succession order at 5 KH (s) 197 -201 dated 31 October 2005 (31 October 2005 - Application to the Chief Judge A20200004983 58/93 John Thornton McLeod Appeal 2020/3 - Harataunga West 2B 2A 1 (Te Paea o Hauraki Maori Reservation) and a decision of the Court made at 198 Waikato- Maniapoto MB 5-34 dated 12 February 2020 - Notice of Appeal A20200005270 45/93 Marama Pohatu CJ 2020/17 - Mur...