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1. West v Accident Compensation Corporation (Vocational independence) [2024] NZACC 138 [pdf, 265 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 138 ACAR 26/24 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN ANNE-MARIE WEST Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 15 August 2024 Held at: Hamilton/Kirikiriroa Appearances: L Wilkie for the Appellant F Becroft for the Accident Compensation Corporati...

2. [2024] NZEnvC 150 Kaiuma Farm Limited v Marlborough District Council [pdf, 395 KB]

   Kaiuma Farm Ltd v MDC & Marberry Estate Ltd – Jurisdiction Decision IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 150 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN KAIUMA FARM LIMITED (ENV-2023-CHC-87) Appellant AND MARLBOROUGH DISTRICT COUNCIL Respondent AND MARBERRY ESTATE LIMITED Applicant Court: Hearing: Appearances: Last case event: Date...

3. Moyer v Accident Compensation Corporation (Personal Injury) [2024] NZACC 210 (19 December 2024) [pdf, 338 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 210 ACAR 188/23 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN THOMAS MOYER Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 31 October 2024 Held at: Wellington/Te Whanganui-a-Tara Appearances: Ms KMH Ford and Mr JMM Miller for the Applicant Mr AC Hughes and Mr ML...

4. [2015] NZEmpC 92 Hally Labels Ltd v Powell [pdf, 426 KB]

   ...Factual allegations and anomalies (d) The allegations as to breach of implied undertaking (e) The counterclaim (f) General comments [7] [7] [18] [20] [22] [24] [25] Damages – the High Court costs judgments and Court of Appeal decision [29] The restraint of trade [37] Categories of documents and behaviour which would amount to breach [42] Documents accessed – discussion (a) Tutty documents (b) Allegation relating to customer data and information which...

5. Hemi v Ritchie - Whaanga 1D1D Roadway (2025) 282 Waikato Maniapoto MB 9 (282 WMN 9) [pdf, 745 KB]

   ...the gate litigation that the DFT did not have a right of vehicular access along the roadway was not an issue Judge Milroy needed to determine in order to decide whether or not to grant the permanent injunction.29 The DFT relies on the Court of Appeal decision in Talyancich v Index Developments Ltd, which found that issue estoppel can only apply where the determinations are fundamental to the decision and without which the decision cannot stand.30 [35] The RFT argue they were not...

6. EMPC Swearing in Judge Corkill [pdf, 99 KB]

   ...an honour for the Court and a mild disappointment because, as others have said, your appointment leaves the bar without one of our most senior and experienced lawyers. Having senior counsel, especially to argue difficult cases here and important appeals in the COUli of Appeal and the Supreme Court as you have, is very important to the development of the law and no less in the field of employment law. Indeed, I suspect that you are only the third Judge of this bench to have come dire...

7. [2009] NZEmpC AC 11B/09 EBIIWU v Pedersen Industries Ltd [pdf, 14 KB]

   ...this was), it is almost inevitable that there will be a considerable amount of preparatory work put in for the Authority investigation that will not need to be repeated for the challenge. [7] The authorities, including judgments of the Court of Appeal, make it very clear that the basis for awarding costs in the Employment Court is a reasonable contribution to costs reasonably incurred. The Court must always make assessments, first, of what costs were actually incurred, second, the...

8. Maka v REAA Registrar [2013] NZREADT 43 [pdf, 19 KB]

   ...prevents him from being a real estate salesperson for a period of ten years from 19 July 2010 as the date of his said convictions. From our point of view, he is entitled to a hearing before us if he wishes – although the Act provides for such reviews/appeals to us to be generally “on the papers” – refer s.112(3). [9] The applicant then advised that he would reflect on his position and advise us within two weeks from 28 March 2013 whether he still wished to take this matter ah...

9. IEAA - 2014 annual report [pdf, 27 KB]

   ANNUAL REPORT OF THE INTERNATIONAL EDUCATION APPEAL AUTHORITY 1 JANUARY 2014 TO 31 DECEMBER 2014 1. During 2014 the IEAA received 35 complaints from international students. There have been no extraneous complaints from the Code Administrator. 2. The number has increased from the 23 student complaints filed in 2013 but we do not believe the increase is significant. THE COMPLAINTS STATISTICS FOR 2013  Complaints received from international students 35  Existing compl...

10. Canterbury Westland Standards Committee v Tee [2012] NZLCDT 11 [pdf, 20 KB]

    ...case law authority for the proposition that it is in the public interest for disciplinary charges to be disposed of in a timely manner. For instance, in Hart v Standards Committee (No 1) of the New Zealand Law Society & Anor1 the Court of Appeal raised concerns about the prospect of lengthy delays in hearing the disciplinary proceedings and pointed out that “[a] long delay would not be in the public interest”. The same point was again reiterated by the Court of Appeal in Orl...