Search Results

1. Rostami v Accident Compensation Corporation (claim for weekly compensation injury) [2022] NZACC 240 [pdf, 170 KB]

   ...Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 5 October 2021. The Reviewer dismissed an application for review of: (1) the Corporation’s decision dated 15 April 2021 declining Mr Rostami’s request for weekly compensation in respect of his lumbar sprain injury of 31 March 2021; and (2) the Corporation’s decision that no deemed review decision was made in respect of a review application filed for Mr Rostami on 28 April 202...

2. Beauchamp v Accident Compensation Corporation (Claim for costs on appeal) [2024] NZACC 24 [pdf, 149 KB]

   ...its discretion to pay the invoice on receipt, this was not a reviewable decision under section 68 of the Accident Compensation Act 2001. [5] On 1 September 2022, the appellant filed an appeal against the Reviewer’s decision. The Corporation requested a copy of Dr Newburn’s invoice. [6] On 16 November 2022, Ms Koloni, for the appellant, submitted Dr Newburn’s invoice to the Corporation for payment. [7] On 9 December 2022, counsel for the Corporation indicated that it would a...

3. [2006] NZEmpC AC 5A/06 Westpac Banking Corporation v Smythe [pdf, 30 KB]

   ...in order to challenge the Authority’s determination that the positions in question were substantially similar. Both parties devoted the large majority of their resources to this issue on which the plaintiff was unsuccessful. [5] Mr Sharp informed me that the defendant’s actual costs of representation were $33,690 plus GST, being his fees for 112.3 hours of work at $300 plus GST per hour. In addition, Mr Sharp said that the defendant incurred disbursements of $6,500.00 plus GST...

4. Memorandum Directions.pdf [pdf, 549 KB]

   ...livestreamed. The audio of the pōwhiri will be recorded (but not livestreamed) while the remainder of the wānanga will be livestreamed as planned. 3 Regional wānanga 10. The Pou Report proposed that, from the outset, the inquiry will take the form of a series of wānanga. The pou also detail the rationale and advantages of this approach in their report (Wai 3300, #6.2.2 at pp 2, 5 & 6). 11. At a high level, the proposed regional wānanga will provide an opportunity for parties to...

5. BK v N Ltd [2023] NZDT 561 (14 November 2023) [pdf, 180 KB]

   ...Properties Ltd v Earthquake Commission [2015] NZHC 1690 at para 73. 2 See Woolley v Fonterra Co-Operative Group Ltd [2023] NZCA 266. CI0301_CIV_DCDT_Order Page 2 of 3 as receiving one coaching call, one squad call, and access to an app for logging information). This seems to be a reasonable exercise of N Ltd’s discretion, and I conclude that BK is not contractually entitled to any further refund. Referee: E Paton-Simpson Date: 14 November 2023 Page 3 of 3...

6. E83 Marian Smith and Josephine Peita - EIC - Ngaati Te Ata [pdf, 1.1 MB]

   ...impart knowledge, including our tikanga. 15. We refer to our maunga of Taamaki as ‘maunga tuupuna’, ‘maunga tapu’, and ‘maunga kōrero’. 16. Traditionally, the Taamaki River and the portages by which waka were moved across land, formed a natural communications centre within Taamaki Makaurau. It was the route to the important Waiuku portage that provided a connection between Te Waitemata and Manukau harbours. This portage was situated within our rohe, and used extens...

7. [2022] NZEmpC 190 Te Whatu Ora – Health New Zealand v Culturesafe NZ Ltd (in liq) [pdf, 252 KB]

   ...“matters” removed from the Authority. The plaintiff had previously admitted that there was no such “matter”. [17] Mr Halse said he had not submitted to the jurisdiction of the Court. He had protested jurisdiction throughout, pointing out formally that these proceedings should never have been issued. [18] The attempt to have the Court extend its and the Authority’s jurisdiction was contemptuous of the authority of Parliament. [19] These points were developed in submis...

8. Pihema v Ngāti Whatua of Orakei Māori Trust Board – Section 722,790,792,793 and 794 Town of Orakei Blocks IX Rangitoto Survey District (1990) 3 Taitokerau Appellate Court MB 44 (3 APWH 44) [pdf, 479 KB]

   ...this fIXture he was unable to satisfy the normal requirements of presenting the evidence sought to be adduced by affIdavk and giving notlce to the Court and the respondent This Court's determination on this matter was made wkhout regard to the performance of these requirementsand accordingly this argument did not needto be considered further. Reason for Rehearing 13. In arriving at Its determination, the Court has had regard to three aspects arising out of the appllcatlon:- (i) The purp...

9. [2007] NZEmpC WC 10B/07 Smith & Anor v Harvey [pdf, 53 KB]

   ...it was common ground that the principles to be applied are those set out by the Court of Appeal in Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168. They may be summarised in the form of three questions: a) Was there a breach of duty by the employer to the employee? b) If so, was that breach of duty sufficiently serious to make it reasonably foreseeable by the employer that the employee might resign?...

10. [2025] NZEmpC 80  AJY v Chief Executive of the Department of Corrections [pdf, 162 KB]

    ...AJY could reasonably have been expected to have obtained it under the collective agreement. Therefore, I turn to consider whether any sum of retirement leave ought to be paid to AJY as a lost benefit. [7] Mr Hope submitted that AJY could have requested retirement leave or been medically retired. He said that the issue of whether or not they would have retired has been rendered irrelevant because of the dismissal and the Court’s findings about retirement leave. [8] However, M...