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1. [2022] NZACC 63 - Fraser v ACC (14 April 2022) [pdf, 180 KB]

   ...in lodging these appeals in time, and that Mr Fraser’s mental injuries and personal circumstances (recovering from surgery, then selling the family home, packing up his belongings and moving to a new home) 4 all took its toll. Ms Koloni requested that the notices of appeal be accepted in the context of the Spirit of the Code (a partnership of utmost good faith) that Mr Fraser had with the Corporation. [9] On 13 April 2022, Mr McBride for the Corporation submitted that the in...

2. JM v AHX [2011] NZIACDT 2 (21 January 2011) [pdf, 104 KB]

   ...agreement to provide professional services, and that the agreement be in writing. Clause 2.1 relates to holding written authority, and clause 8 addresses the setting of fees. [5] Clause 1.1 of the Code also requires that a licensed immigration adviser perform services with professionalism. Factual Issues [6] The Tribunal undertook a review of the whole of the papers presented, and issued a minute dated 1 December 2010. Among other procedural matters, the minute identified the factual...

3. [2019] NZEmpC 40 Berry v The Chief Executive of the Ministry of Business, Innovation and Employment [pdf, 328 KB]

   ...became the subject of the complaint. The disagreement between Mr Berry and Ms Campbell concerned different recollections they each had as to what occurred and what was said between them over it. [5] The dispute escalated when Ms Campbell made a request to Mr Berry for a written statement of the events leading to the investigation meeting. Mr Berry, in his account, stated that he gave his office desk phone to Ms Campbell so that she could listen to a telephone message left on M...

4. LCRO 18/2021 MB v RP and ND (14 October 2022) [pdf, 265 KB]

   ...the property they (a) were conflicted, and (b) did not act in the best interests of the estate. (1) Conflict of duties [14] Mr MB said Mr RP and Mr ND “should not be spending time or estate funds advising” Mrs HB about a proposed sale but claimed if they were, then they were conflicted. [15] He asked that Mr RP and Mr ND be required to “represent the interests” of the estate only or resign as trustees and act for Mrs HB. (2) Best interests – conflict of interest [1...

5. OIA-109631.pdf [pdf, 3.4 MB]

   Justice Centre I 19 Aitken Street DX SX10088 I Wellington T 04 918 8800 I F 04 918 8820 ContactUs@justice.govt.nz I www.justice.govt.nz 8 April 2024 S9(2)(a) S9(2)(a) Ref: OIA 109631 Official Information Act request: Correspondence relating to section 27 reports. Thank you for your email of 9 February 2024, to the Ministry of Justice (the Ministry) requesting, under the Official Information Ac11982 (the Act), documents regarding section 27 reports. Specifically, you requested...

6. [2010] NZEmpC 150 Williams v Chesterton Group Ltd (In Liquidation) [pdf, 35 KB]

   ...that it was “coming”. One of the reasons for her request was that it appeared to her that she was being paid in cash without reference to a pay slip or other time records and there were no references to holiday pay or sick leave. Repeated requests for an employment agreement were met with the same response that it was “coming”. Eventually, in March 2009, Ms Williams joined the Service and Food Workers Union Nga Ringa Tota Inc and met with an organiser, Lynette Slade....

7. MacDonald v MacDonald - Wairau Block XII Section 6C 2C (2021) 69 Te Waipounamu MB 251 (69 TWP 251) [pdf, 256 KB]

   ...exclusion of the other is beyond the existing right of ownership and would require the creation of new rights, which is beyond the jurisdiction of s 18(1)(a). [37] Therefore, I decline to make the order sought under s 18(1)(a) as what is being requested is beyond the jurisdiction of the Court. [38] There is an existing jurisdiction for the Court to allow occupation of land to the exclusion of others in the form of an occupation order under s 328 of the Act. This appears to be more...

8. LCRO 38/2025 XYZ Inc. v VNR and QBL (30 July 2025) [pdf, 184 KB]

   ...[16] The two complaints were referred to the Committee for consideration. What did the Committee decide? [17] The Committee gave initial consideration to the complaints under s 137(1) of the Lawyers and Conveyancers Act 2006 (the Act). It formed the view that the issues to consider were whether the respondents had: (a) used a legal process for the purpose of causing unnecessary embarrassment, distress or inconvenience to another person’s reputation, interests, or occupation;2

9. [2020] NZEmpC 155 Head v Chief Executive of the Inland Revenue Department [pdf, 180 KB]

   ...the cut-off date for interlocutory applications would be 18 September 2020. A fresh proceeding and application for joinder would, she said, fall foul of that time limit. However, Mr Head commenced his process that day, albeit in an incorrect form; thus I was not persuaded that this was an impediment. The parties had been appraised of his intentions by the due date. [11] Disclosure was discussed. Ms Service, counsel for Madison, said documents relating to Mr Head could be obtai...

10. Howard v Accident Compensation Corporation (Costs of appeal) [2024] NZACC 44 [pdf, 195 KB]

    ...determine the issue. [5] On 4 March 2024, Mr McBride, for the Corporation, provided a memorandum as to costs and disbursements, totalling $1,766.55. [6] On 5 March 2024, Ms Howard provided an email response to the Corporation’s memorandum, requesting the Court to exercise its discretion, and, in the circumstances, not award costs against her. Relevant law [7] Rule 14.1(1) of the District Court Rules 2014 provides that the award of costs is at the discretion of the Court if th...