Search Results

1. Te-Manutukutuku-Issue-79.pdf [pdf, 11 MB]

   ...expected that this issue of key national significance for Māori would be rep­ resented in claims brought to the Tribunal. On 23 November 2021, the Tribunal received an application from claim­ ants on behalf of the New Zealand Māori Council. They requested that an upcoming hearing within the health services and outcomes inquiry (Wai 2575) of claims concerning Māori with lived experience of disability be deferred in order to enable a priority inquiry into claims on the Crown’s...

2. McLenachan v ACC [2013] NZACA 11 [pdf, 97 KB]

   ...decision was issued on 9 March 2011. This re-stated the 5 July 2000 decision under s 53(9) of the 1982 Act, because, it was said, the decision was made to defer the implementation of the reduced rate until 14 September 2000. That decision was not formally conveyed in writing and this prevented Mr McLenachan applying for a review. The decision made in this letter was to implement the rate of reduced compensation from 14 September 2000. The right of review was given under the 2001 Act....

3. [2016] NZEmpC 112 Radius Residential Care Ltd v The NZ Nurses Organisation Inc [pdf, 431 KB]

   ...IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN RADIUS RESIDENTIAL CARE LIMITED Plaintiff AND THE NEW ZEALAND NURSES ORGANISATION INC First Defendant AND E TU INC (FORMERLY THE SERVICE & FOOD WORKERS UNION NGA RINGA TOTA INC) Second Defendant AND THE 64 EMPLOYEES LISTED IN SCHEDULE A TO THE STATEMENT OF CLAIM Third Defendants Hearing: 10, 11 and 12 August 2016 (Heard at Au

4. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 42 KB]

   ...objections were without substantial merit. Harrison J agreed with the adjudicator’s assessment of the situation. [19] The basis of this claim lacked substantial merit. [20] I therefore find that I am empowered to consider costs. Cost of claims made [21] The claimant raised a number of claims that I did not have to decide. However, the respondents were obliged to prepare for those claims, present evidence and make submissions. [22] When the hearing commenced on...

5. ADT & CR Insurance Ltd v ZWH [2013] NZDT 221 (9 May 2013) [pdf, 63 KB]

   ...evidence from an appropriate tradesperson that the brakes have been tested and found faulty. ZWH may have been incapacitated for a period of time because of an operation, but I cannot accept that prevented him from phoning the service station to request another copy. [7] I find that ZWH was negligent because he failed to give way. Was ADT negligent? [8] ADT had a responsibility to drive to the speed limit of 50 km/hr and drive at a lesser speed if the conditions warrant...

6. [2020] NZEmpC 45 Williams v Rural Livestock Ltd [pdf, 307 KB]

   ...is about payments made by the defendant, either to settle claims or to pay damages awarded against it, to clients it says were the victims of the alleged dishonest behaviour by the plaintiff while he was its employee. [11] The stay has been requested to enable the criminal proceeding to be concluded before this case is heard. The parties’ agreed position is that in order to establish, on the balance of probabilities, that the claimed losses arose from the alleged misconduct b...

7. LA Children's Workers exemption appeals Fee Schedule updated 29 Sep 22 [pdf, 223 KB]

   ...Initial instructions not followed through $290 For • taking instructions, attending the client • preparing application for legal aid • contacting the client • closing the file • reporting to client Note: This fee can only be claimed where initial instructions are not carried through and the file is closed prior to the completion of stage one of any proceedings. It cannot be claimed in conjunction with any other schedule. Application(s)/order(s) Activity Fees T...

8. [2017] NZEmpC 132 Waikato District Health Board v Archibald [pdf, 457 KB]

   ...affected staff, including Mrs Archibald, the degree of impact remained unclear until a late stage. That undermined Mrs Archibald’s ability to substantively engage in the consultative process. Further, it is apparent that a firm view was formed early on that it was perfectly reasonable to expect someone in Mrs Archibald’s position to travel nearly three hours a day to attend team meetings in Hamilton. While accepting that the position would likely have been different had...

9. Te Toki – Hako Hauraki (2013) 2013 Chief Judge’s MB 456 (2013 CJ 456) [pdf, 103 KB]

   ...specific. He stated that a survey would be required for that purpose, but that he had the authority of his elders and whānau, although again he was not specific about the identity of those persons. [13] The applicant concluded his oral submissions by requesting that the application be adjourned sine die for mediation to take place, and requesting an opportunity to seek legal advice. [14] On 3 July 2013 the applicant filed brief written submissions in response to the directions o...

10. Perigo - Ruapehu 2 Block (2017) 366 Aotea MB 274 (366 AOT 274) [pdf, 200 KB]

    ...reason for their application to succeed to the interests of Topia Turoa in Ruapehu No 2. It is their belief that the Māori customary land block now known as Rangiwaea-Tāpiri, formerly Rangipō North 8, is the same block as Ruapehu 2B, or at least forms part of it. At the hearing Maria Perigo stated: 4 The reason we are bringing this to Court of course, as the Registrar has pointed out, it was under the Tongariro National Park. From our findings in the last four years we were...