Search Results

1. Lealaiauloto-Saofaileta v Accident Compensation Corporation (Treatment Injury) [2023] NZACC 209 [pdf, 257 KB]

   ...G Carroll noted a complete absence of both motor and sensory responses when stimulating the median nerve. [76] The documents before the Court show that in the lead up to the surgery of 15 October 2014, the appellant received appropriate medical care. The carpal tunnel decompression operation appears to have been one that, in respect of the appellant, did not raise any particular medical issues or challenges. [77] After the operation, on 7 November 2014, Mr Creagh noted that: Th...

2. LCRO 73/2024 OR v SV (3 September 2024) [pdf, 249 KB]

   ...decision. [120] Pursuant to s 206(4) of the Act, a Review Officer may direct such publication of his or her decision as the Review Officer considers necessary or desirable in the public interest. “Public interest” engages issues such as consumer protection, public confidence in legal services and the interests and privacy of individuals. [121] Having had regard to the issues raised by this review, I have concluded that it is desirable in the public interest that this decision be pu...

3. [2025] NZEmpC 5 Harte v MERAS [pdf, 337 KB]

   ...Although the focus of a penalty is on the conduct in the circumstances of the wrongdoer, the effect on, and material circumstances of, the ‘victim’ are also relevant in the overall assessment exercise. The Authority and the Court should be careful not to conflate the punitive aspects of a penalty with the compensatory assessment of a successful claim that is usually dealt with separately, even though in the same jurisdiction and even the same proceeding. [52] There is a genera...

4. [2015] NZEmpC 171 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 488 KB]

   SHABEENA SHAREEN NISHA (NISHA ALIM) v LSG SKY CHEFS NEW ZEALAND LIMITED NZEmpC AUCKLAND [2015] NZEmpC 171 [30 September 2015] IN THE EMPLOYMENT COURT AUCKLAND [2015] NZEmpC 171 ARC 22/14 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN SHABEENA SHAREEN NISHA (NISHA ALIM) Plaintiff AND LSG SKY CHEFS NEW ZEALAND LIMITED Defendant Hearing: Evidence of plaintiff witness given 7 Augu

5. ZA v YB LCRO 164/2013 Recusal (31 August 2016) [pdf, 98 KB]

   ...which assures every person of the: right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person’s rights, obligations, or interests protected or recognised by law. [33] Mr [ZA] also relies on Saxmere or Muir “generically” and on Greymouth or Bassett “specifically”, “such that permanent recusal in all matters is warranted”. Saxmere Company Limited v Wool Board...

6. ZA v YB LCRO 23/2014 Recusal (31 August 2016) [pdf, 96 KB]

   ...what he describes as “ex parte” communications between this Office and Mr [YB]. On 1 August 2016 Registry staff provided copies of “items of administrative type correspondence” that had not previously been provided to Mr [ZA]. [28] I have carefully considered all of the materials Mr [ZA] has supplied in the course of this review in pursuit of my recusal, including the collation of materials provided by Ms [WD] on 3 June. I am also conscious that Mr [ZA] has concerns about exchan...

7. ZA v YB LCRO 135/2014 Recusal (31 August 2016) [pdf, 99 KB]

   ...which assures every person of the: right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person’s rights, obligations, or interests protected or recognised by law. [33] Mr [ZA] also relies on Saxmere or Muir “generically” and on Greymouth or Bassett “specifically”, “such that permanent recusal in all matters is warranted”. Saxmere Company Limited v Wool Board...

8. [2019] NZREADT 49 - CAC 521 v Wright (13 November 2019) [pdf, 287 KB]

   ...the charge of misconduct under s 73(a) of the Act. We gave Mr Belcher leave to file written submissions as to penalty. These were received on 4 October 2019. Penalty principles [52] The principal purpose of the Act is to “promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work.”9 The Act achieves these purposes by regulating agents, branch managers...

9. Nikora v Trustees of Tuhoe - Te Uru Taumatua Trust (2021) 252 Waiariki MB 157 (252 WAR 157) [pdf, 342 KB]

   ...extensive knowledge and experience in business administration and in terms of Te Reo Māori and Tūhoe culture. Mr Nikora also sought the appointment of an internal auditor whose duties would include ensuring that the assets of the trust are fully protected, 252 Waiariki MB 165 that all contractual and legal obligations are adequately provided for and met, that the trustees are accountable and transparent to a high level and that there are adequate systems in place to achie...

10. [2024] NZEmpC 136 Stellar Elements New Zealand Limited v Amesbury [pdf, 329 KB]

    ...discussed this point. I have concluded, for present purposes, that Mr Amesbury’s claims as to whether the dismissal was justified are strongly arguable, as is his case for permanent reinstatement. Accordingly, the merits also favour interim protection being granted until the investigative process is concluded. [120] Next, Mr Erickson submitted that there could be a potential impact on third parties if an interim reinstatement order were to be made. This was put on the basis of...