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1. [2024] NZREADT 20 CAC2108 v Leading Edge Properties Ltd (25 June 2024) [pdf, 237 KB]

   ...Ltd, above n 6. 11 DISCUSSION [52] Both counsel have referred to other penalty decisions, being Burnett, Optimize Realty, AJS Rental Realty and the recent decision of the Tribunal, City Realty.11 [53] In Burnett, the Tribunal considered an appeal against a fine of $2,000, ordered by a Complaints Assessment Committee against Mr Burnett’s company, following the Committee’s finding of unsatisfactory conduct. Mr Burnett’s company had failed to provide monthly reconciliati...

2. Dunn v Accident Compensation Corporation (Strike out) [2024] NZHRRT 41 [pdf, 238 KB]

   ...the time of his accident. 3 the inadequacies of a particular report, and ACC’s lack of transparency. On 13 October 2014 Mr Dunn applied to review ACC’s suspension decision and, in December 2014, the decision was upheld. Mr Dunn then appealed the review decision to the District Court. In May 2017 ACC agreed to overturn the suspension decision and Mr Dunn withdrew his District Court appeal. [9] Subsequently, on 12 January 2018, Mr Dunn and ACC agreed an individual reha...

3. [2025] NZACC 084 - Chand v Accident Compensation Corporation (14 May 2025) [pdf, 215 KB]

   ...COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2025] NZACC 084 ACAR 144/24 & ACAR 145/24 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN SATIS CHAND Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 9 April 2025 Heard at: Christchurch Appearances: Ms Watson for the Appellant Mr Hlavac f...

4. Malcolm v Hahipene - Te Karaka 1B2B1 (2024) 318 Waiariki MB 24 (318 WAR 24) [pdf, 263 KB]

   ...changing the status of Te Karaka 1B2B1 from Māori freehold land to General land. 1 SA12C/26, Certificate of Title Under The Land Transfer Act, S.502804, 2 December 1970. 2 Malcolm – Te Karaka 1B2B1 (1996) 1 Waiariki Appellate MB 31 (1996 APPEAL 31). 318 Waiariki MB 26 [7] On 16 October 1996 the Māori Appellate Court made a conditional order declaring that the status of the Land was Māori freehold land at the request of its owners, Te Poroa and Grace Ritohau.3 The orde...

5. [2016] NZEmpC 136 Xtreme Dining Ltd t/a Think Steel v Dewar [pdf, 391 KB]

   ...thereby raised. [16] Next, it is appropriate to refer to the relevant principles which apply to the hearing of a non de novo challenge since these differ from those relating to a de novo challenge: a) A non de novo hearing is in the nature of an appeal. The challenger or plaintiff is required to show that the Authority’s determination was wrong. 6 b) Thus, the challenger has an onus of persuading the Court of the existence of an error of fact and/or law by the Authority in...

6. Smith v Waitakere City Council [pdf, 220 KB]

   ...circumstances under which a Council owes common law obligations to a subsequent homeowner as a result of negligently carrying out an inspection of a dwelling during construction, i.e. the claim does not fall within the rationale of the Court of Appeal and Privy Council decisions of Invercargill City Council v Hamlin [1994] 3 NZLR 513 (CA) and Invercargill City Council v Hamlin [1996] 1 NZLR 513 (PC) (“the Hamlin decisions”) • The Council is under no duty to ensure absol...

7. Taueki v McMillan - Horowhenua 11 (Lake) (2014) 324 Aotea MB 144 (324 AOT 144) [pdf, 311 KB]

   ...completeness, I set out a summary of those applications below to provide an overview and context for consideration of the present case. The current application has inevitably had to await the determination of many of the overlapping proceedings including appeals. Arguably, in some respects, those proceedings have overtaken the present application. Even so, the significant delay in the issuing of this decision is regretted. 1 3...

8. Morris v Accident Compensation Corporation (Suspension of entitlements) [2024] NZACC 144 (2 September 2024) [pdf, 452 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 144 ACAR 163/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN J MORRIS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 7 March 2024 Heard at: Wellington / Te Whanganui-a-Tara Appearances: Ms M Bagnall for appellant Mr J Sumner for respondent Judgment: 2 September 2024 ______...

9. [2012] NZEmpC 24 Butterworth v TBA Communications Ltd [pdf, 148 KB]

   ...was able to identify any relevant authorities. The plaintiff’s argument appears to be a novel one. [14] Whoever has the benefit of a judgment is entitled to the fruits of it, unless the opposing party can show that, absent a stay, any right of appeal would be rendered nugatory or there would be the likelihood of a substantial miscarriage of justice. In Duncan v Osborne Building Ltd 7 the respondent had successfully applied for summary judgment against the appellant. The respon...

10. Big Hill Station v Hemana - Awarua o Hinemanu Trust (2015) 39 Takitimu MB 16 (39 TKT 16) [pdf, 191 KB]

    ...rehearing, the court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing. (6) When a rehearing has been granted, the period allowed for an appeal to the Maori Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the court. [18] In Henare v Māori Trustee – Parengarenga 3G the Māori Appellate Court discussed the appro...